(영문) 제주지방법원 2019.10.24 2019고단573

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(영문) 제주지방법원 2019.10.24 2019고단573

강제추행

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

The Defendant is a person working as a first-class mate from B, who is a cargo line of Jeju registry operating Jeju and Jeonnam Bapo, and the victim C (the victim, 50 years old) was a person who worked as a cook in the above B from June 30, 2016 to October 10, 2018.

1. On June 6, 2018, at the end of 09:00, the Defendant forced the victim to commit an indecent act on the part of the victim, she entered the kitchen in front of the entrance of the kitchen located on the B B 1st floor, getting out of the stairs and going back by the victim’s side who seeks to open the kitchen door.

2. Around 12:00 on July 16, 2018, the Defendant: (a) went to the kitchen in front of the same kitchen entrance; and (b) went to the victim’s side on the side on which the principal visit, and (c) committed an indecent act by force against the victim by cutting the victim’s her kum with his/her mack, with his/her mack.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of the witness C (tentative name) and D;

1. A E-document;

1. The following circumstances acknowledged by the evidence duly adopted and investigated by the court, namely, the victim made a concrete and consistent statement from the investigative agency to the Defendant regarding the crime of indecent act by compulsion (whether he or she had a part of the record, several times, the location where D had witnessed the second crime of this case, etc.), but the credibility of the victim’s statement is difficult to be denied solely on the following grounds: (a) the victim made a statement to the effect that there was no enemy who committed indecent act by compulsion as stated in the facts charged; (b) the victim made a detailed and consistent statement from the investigative agency to the court; (c) whether he or she had a part of the record, several times, and (d) the location where D had been witnessed to the second crime of this case.

(D) The witness to the second crime of this case was made by asserting that he had been present, and the fact that D is in substitution with the victim's assertion (the location of witness and the victim, and the defendant.

유사 판례

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