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(영문) 청주지방법원 충주지원 2017.08.08 2017고단329
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 30, 2016, around 18:30 on October 30, 2016, the Defendant forcedly committed an indecent act by force, as the Defendant’s right hand, on the part of the victim D (the age of 20) holding 21 seats next to the C Bus 22, when he was seated and was seated at the c Bus 22.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Written statements of D;

1. 112 Reporting case handling table;

1. Boarding passes for express buses (the possession of a defendant);

1. Requests for appraisal (appraisal of black stuffs and video images);

1. In the investigation report (to hear the statement of the reporter E), the defendant asserts that he was seated next to the victim, and that he did not have any buckbucks by the victim.

However, according to the victim's statement, the defendant's act of indecent act is sufficiently acknowledged as the victim's buckbucks as stated in the above facts of crime.

In this case, since there was no evidence to objectively prove the defendant's crime, such as witness's testimony or CCTV screen, it is inevitable to determine which part of the statement between the defendant and the victim is more reliable.

The victim, from the investigative agency to this court, "the defendant saw the victim's bucks as being out of the window as stated in the above facts of the crime, caused the victim's kbbbbs by hand, suspended the defendant's kbbbbs any other action that the victim knife and ppuri, and around the time the bus arrived, the victim "from the next day to the end kbbbbs" of the defendant.

The Defendant made a significant and consistent statement to the victim, stating that “I am, I am, I am, I am, I am, I am, I am.”

On the other hand, the Defendant, at the time of the bus “in an investigative agency”, continuously 20 minutes prior to the continued diving.

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