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(영문) 서울서부지방법원 2016.12.16 2015고단3166
강제추행
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 02:40 on November 1, 2015, the Defendant discovered that the victim E (the age of 25) should open the entrance of “D clubs” located in Mapo-gu Seoul Metropolitan Government and the second floor outside the entrance, and led the Defendant to commit an indecent act against the victim.

In other words, the defendant added the defendant's scam and the suspension of the defendant's scam on the entrance of the above victim at the seat, and the victim's scam was committed by force by force by using the victim's scam with the victim's scam as the victim's scam.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. Each police statement of E and F;

1. Although the statements made by witnesses, including the victim of partial statements, are consistent and consistent with the facts charged, in light of the objective view of the facts charged, it shall not be rejected without permission, unless there is any other reliable evidence to deem credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). With respect to the instant case, the health team, victim E’s investigative agency and legal statement made by the victim E, the contents of its consistency, logic, and body, the part of memory, time and body, the change of the reputation of the statement, and the third party’s statement made by the police, stating, “The police had clearly seen the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the face of the victim.” However, the statement made by the victim to the effect that “the face of the victim’s face of the face of the face of the face of the face of the face of the face of the face.”

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