(영문) 수원지방법원 안양지원 2019.09.18 2019고단36

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자간(%)

(영문) 수원지방법원 안양지원 2019.09.18 2019고단36

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 28, 2018, at around 21:20 on September 28, 2018, the Defendant committed an indecent act on the part of the Victim D (Influence, 18 years of age) by drinking the mind that the Defendant forced the Victim D (Influence, 18 years of age) to commit an indecent act.

Summary of Evidence

1. Legal statement of witness D;

1. Each investigation report (on-site CCTV confirmation, identity of a suspect, and submission of victim data) and pertinent accompanying data are relatively specific and consistent with regard to the main part of the instant crime from an investigation agency to this court, and the content thereof is not unreasonable or contradictory in light of the empirical rule, and there is no circumstance to suspect credibility even in the attitude of statement.

The victim was involved in an indecent act and immediately immediately after the occurrence of the accident, and was informed of the damage to the head of the father and the restaurant store, and was reported to the police and was investigated by the witness.

In light of these circumstances, the victim did not seem to have reported false facts, there was CCTV with other employees at the scene of the crime, and the victim was well aware of them. In such a situation, it is against the common sense and rule of experience to gather the defendant by taking the risk that the victim would be punished for perjury and processing false facts.

In light of the fact that the victim was unable to make a clear statement regarding the order of work before and after the commission of the crime, it appears that at the time the Defendant attempted to make a physical contact with the victim several times other than the crime in this case, and that the time is scarkes depending on the passage of time, it is difficult to view this as a circumstance to suspect the credibility of the overall statement of the victim.

The defendant physically contacted the victim with police officers dispatched to a restaurant for investigation.

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