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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단95
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, the Defendant was driven by the Defendant under the influence of this alcohol on the victim D (aggravated name) in Gyeyang-gu C at the time of Goyangyang-gu Seoul around 20:50.

E Costasch Rexn Cargo with a taxi and with a situation in which it is difficult to resist the defendant, the victim would wish to report the change.

In order to stop a defective vehicle and monitor the victim who is able to get the vehicle to board again, and to enter the victim's upper part, the victim's chest was forced to enter the victim's chest, thereby committing an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant (the purport that he/she himself/herself has made physical contact, such as a public prosecution room);

1. Determination of the witness F's legal statement, defendant and defense counsel's assertion

1. Although the alleged defendant committed a sexual act, such as leaving the victim's chest into the victim's chest, it was done with the consent of the victim, so it does not constitute an indecent act by force, and there was no consent of the victim of domestic affairs.

Even if the victim did not express his/her intention of refusal, and the defendant believed that he/she had consented to sexual contact, there was no intention of coercion.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by this court, the victim’s testimony and statement to investigation agencies are sufficiently reliable. According to such victim’s statements, the victim consented to physical contact at the time.

In addition, the defendant did not have any negligence in committing an indecent act against the victim's will even though he did not consent to the victim.

We do not accept the above argument of the defendant and defense counsel.

(1) A victim shall make a statement concerning the case without any exaggeration.

The victims do not intend to control themselves by exercising the strong force of the defendant, but the victims themselves have strong influence on the defendant.

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