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(영문) 대전지방법원 홍성지원 2019.01.15 2018고단735
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

피고인은 2018. 8. 13. 02:20경 보령시 B에 있는 ‘C마트’ 앞길에서 혼자 길을 걷던 피해자 D(여, 23세, 가명)를 갑자기 껴안으면서 ‘같이 놀자, 재밌게 해주겠다’라고 말하고, 저항하는 피해자에게 억지로 입을 맞추고, 혀를 피해자의 입에 넣으면서 손으로 피해자의 허리를 더듬어 강제로 피해자를 추행하였다.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. The Defendant asserts to the effect that, at the time of the instant case, the Defendant’s assertion on the Defendant and his defense counsel’s assertion on CCTV image CDs taken on the commission of crime is not an indecent act by force on the part of the Defendant in light of the fact that, in light of the fact that, at the time of the instant case, the circumstances were not memory, and the victim seems to have satisfing

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate 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 who is taking an oath before a judge, and the penance of the statement, and the appearance of the witness who directly observe the circumstances that are difficult to record in the witness examination protocol, after taking an oath before a judge, in order to determine the credibility of the statements made by the victim, etc. (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In light of the above legal principles, the court shall not dismiss the statements without permission, unless there is any other evidence that can objectively deem that the statements made by the victims, etc. are consistent with the facts charged, and, in other words, the evidence duly adopted by the court and the victim, i.e., the investigation agency and the new wall on Aug. 2, 2013:

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