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(영문) 수원지방법원 2018.03.15 2017고단8620
준강제추행
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 25, 2017, the Defendant, within the yellow-gu Gaba and Gaba, set up a soup Gaba and set up a soup Gaba, G in Gyeyang-gu F, Seoyang-gu, J. 25, 2017, and Daba Daba became the part of the victim’s drinking was the victim’s hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of H;

1. Investigative report (Analysis ofCCTV image data), and data to capture CCTV images;

1. Determination as to the assertion of the Defendant and the defense counsel in the 112 reported case

1. The defendant does not commit an indecent act against the victim.

2. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the judgment shall assess the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statement, which are being recorded in the open court after being sworn before and after the judge's oath, and the appearance and attitude of the witness who are being recorded in the witness examination protocol, and the penology of the statement. In a case where the statements made by the victims, including the victims, are mutually consistent and consistent with the facts charged, the court of the judgment shall not dismiss them without permission unless there is any other evidence that can objectively deem the credibility of the statements made by the victim, etc. (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statements are consistent with the main part of the statements made in the witness examination protocol after being taken an oath before the judge, and shall not deny credibility of the statements made by the victim without permission of 2084.

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