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(영문) 광주지방법원 2017.02.10 2016고단4885
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 23, 2016, around 02:20 on October 23, 2016, the Defendant passed through a 'E' 'E' house located in Gwangju North-gu, Gwangju, and tried to report the victim F (at 21 years of age) who was living in the middle-gu, and to commit an indecent act by force. The Defendant followed the victim by his hand, her her her her her son, and her son her son her son her son.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Each statement in the police statement protocol against F and G [The defendant and defense counsel are not guilty of the facts charged that the defendant only pushed the victim at the point that the defendant would turn on the way, but did not turn on the victim's her her tock, such as the facts charged.

However, the statements of the victim about the defendant's act, contents of damage, the fear and response of the victim, and the situation before and after the crime are consistent and concrete.

The victim initially viewed the Defendant on the day of the instant case, with the intention to place the Defendant at risk of criminal punishment until he/she is punished for perjury, and there is no reason to make a false statement in such statement.

볼 만한 사정이 전혀 없는데 다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도를 더해 보면, 공소사실에 부합하는 피해자의 진술에 충분히 믿음이 간다.

On the other hand, G’s statement witnessing the criminal scene of the Defendant supports the existence of the facts charged.

In light of these circumstances, the facts charged can be fully admitted as evidence submitted by the prosecutor.

The defense counsel first held that the defendant was her her her butt.

It is pointed out that the statement was replaced by her knickt, and that it is not possible to believe the victim's statement.

However, it is reasonable to express the defendant's behavior at the time of the preparation of the statement by the police immediately after the case.

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