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(영문) 광주지방법원 2017.08.25 2017고단2158
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant operated convenience stores located in Gwangju-gu D (hereinafter “instant convenience stores”) and the victim F (V, 45 years old) was employed by the said convenience stores.

around 19:00 to 20:00 on February 23, 2017, the Defendant was seated in a warehouse of the instant convenience store, and the victimized person was able to arrange for the warehouse.

“ Hamly hickly hickly hickly hickly hicked the victim’s hick.

Accordingly, the Defendant committed an indecent act by force against the victim under the supervision of the Defendant due to the above employment relationship.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made to the defendant under each court of the witness F, G, and H in the protocol of interrogation of the suspect by the prosecution (one answer type);

1. Statement made by the police with regard to F;

1. An investigation report (report on the attachment of CCTV images within a convenience store) (The defendant and his defense counsel denied the fact that the defendant was seated at around 19:00 to 20:00 on February 23, 2017 and her body was flicked by the victim F, but there is no indecent act by the victim F due to the flickness of the victim F.

1) However, in a case where the statements of the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without any separate evidence that is objectively deemed objectively and objectively, and there is no other reliable evidence that is likely to lack credibility. The mere fact that the statements of the witness are consistent with the major parts of the statements, such as where the statements of the witness are consistent, and are somewhat inconsistent with the statements of other minor matters, does not necessarily mean that the credibility of the statements should not be readily denied (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). According to each of the above evidence duly adopted and examined by the court, the victim F is consistent and consistent with the indecent act committed by the defendant from an investigative agency to this court, and its previous and subsequent circumstances.

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