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(영문) 대구지방법원 김천지원 2016.07.13 2016고단41
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 24 hours.

Reasons

Punishment of the crime

1. On May 8, 2015, the Defendant forced indecent act committed an indecent act by: (a) within “D” located in the Gu, Si, Si, Gu, Si, Gu, Si, si, and Gu, (b) around 06:00; and (c) committed an indecent act by force against the victim E (22 years) by putting the victim’s bucks away from the victim’s pande in a pande, and putting the victim’s bucks into the pande, and inserting them into the panty.

2. On May 28, 2015, the Defendant drafted a false complaint with respect to E using the black pension in order to escape the Defendant from being punished as a crime of forced indecent conduct as above.

A written complaint stating that “Defendant E was forced to commit an indecent act by the complainant on May 8, 2015, although he/she did not have committed an indecent act by force on May 8, 2015, he/she submitted to the police station on May 11, 2015 a false written complaint demanding the complainant to punish him/her as an indecent act, and thus, he/she would be punished for the Defendant.” In fact, there was no fact that the Defendant committed an indecent act by force as above, and therefore, E did not have reported false facts.

Nevertheless, the defendant submitted the above complaint to the police officer who is not able to know his name at the police station located in the Gu-U.S., Dong-dong-dong 11-4 on the same day.

In this respect, the defendant made a false accusation against E for the purpose of criminal punishment.

Summary of Evidence

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. Statement made by the police against the defendant;

1. Judgment on the argument of the defendant and his/her defense counsel

1. The gist of the assertion is that the accused and the defense counsel are not forced to commit an indecent act against the victim;

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant’s indecent act by force against the victim, as stated in the facts constituting an offense, may be acknowledged without reasonable doubt.

(1) Victims E are in indecent behavior committed by the accused at the time of this case from investigative agencies to this court.

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