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(영문) 광주지방법원 2015.01.14 2014고단548
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The defendant is a maintenance company of high-speed, and the victim E(the age of 45) is a person who works as an engineer of high-speed buses.

1. On November 1, 2013, the Defendant: (a) around 17:00, the first half of November 2013, 2013, the Defendant: (b) caused the victims waiting to obtain bus maintenance within the Seo-gu Minecheon-dong Quaker Terminal Maintenance Station, by inserting his hand under the bottom; and (c) caused the Defendant to have the brogate f

2. On November 1, 2013, the Defendant, at around 17:00, waiting for bus maintenance at the above location, called “Is the victim, i.e., whether bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and her sexual part of the suspect’s bitch

3. On December 2, 2013, at around 10:20 on December 2, 2013, the Defendant: (a) away water from the part of the victim’s sexual flag waiting for bus maintenance at the above location with a sporash; (b) thrown the sexual flag above the clothes by inserting hand back the victim’s hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted as to the witness E’s legal statement (as of the second trial date) and the defendant and his defense counsel asserted that the above criminal facts only spread the water to the defendant with a weapon at the time and place under paragraph (3) of the criminal facts, and they did not commit indecent acts such as those described in paragraphs 1, 2, and 3.

In determining the credibility of the statement of the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statement in consideration of all the circumstances that make it difficult to record in the witness examination protocol, such as the witness appearance, attitude, penology, and the penology of the statement itself, whether it conforms to the rationality, logic, appearance, or rule of experience of the statement itself, or whether it conforms to the evidence or the statement of a third party, and whether it conforms to the witness evidence or the statement in the open court after being sworn in the presence of a judge.

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