(영문) 수원지방법원 2019.01.10 2018고단4954

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.01.10 2018고단4954

강제추행

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant was living together with the victim B(n, 36 years of age).

Around 02:50 on March 19, 2018, the Defendant forced the victim to commit an indecent act on the part of the victim, i.e., the victim’s chests, as he/she was parked on the road in front of the wife population C building, when the victim’s drinking and hand can be found, he/she forced the victim to leave the victim’s chest by his/her two descendants, forced the victim to leave the victim’s breasts, prompt the victim’s breasts by his/her entrance, and put the victim’s fingers into the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Two copies of the notification of the department related to the report of 112 case; and

1. Determination as to the assertion by the Defendant and the defense counsel

1. The gist of the Defendant’s assertion is that there was no assault or intimidation that could suppress the victim’s resistance, and thus, no indecent act by compulsion is established.

2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall assess the credibility of the statement, as well as whether the statement conforms to the reasonableness, logic, and morality of the content itself or the rule of experience, or conforms to the testimony of a third party, and as well as the appearance and attitude of a witness who is going to make a statement in an open court after being sworn by a judge before and after being sworn, and the appearance of the witness and attitude, and the penance of the statement, which are difficult to record in the witness examination protocol, by directly observing various circumstances that make it difficult to record. In a case where the statement made by the victim, etc., including the victims, conforms to the facts charged, it shall not be dismissed without permission, unless there is any separate evidence to deem that the statement made by the victim, etc. is objectively consistent and consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, other minor matters are also insignificant.

참조판례

-대법원 2012. 6. 28. 선고 2012도2631 판결

유사 판례

-제주지방법원 2015.06.04 2014노296

-수원지방법원 2020.06.17 2019노6738

-수원지방법원 2019.10.04 2019노3854

-대전지방법원 2019.07.04 2018노1628

-서울북부지방법원 2016.10.04 2016노1336