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(영문) 서울중앙지방법원 2017.05.26 2016고단9281
준강제추행
Text

A defendant shall be punished by imprisonment for six 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

At around 03:00 on May 7, 2016, the Defendant saw locked in E Saw or water surface room located in Dongjak-gu Seoul Metropolitan Government, and saved up to the victim F (name, south, 26 years of age) and saved by the victim. The facts charged as above are that the Defendant saved up the victim by inserting the hand into the brush, but even based on the victim’s consistent statement, the Defendant saved the Defendant and saved the sexual organ above the Defendant, and otherwise, the Defendant saved the finger by inserting hand into the brush.

there is no evidence to consider.

A prosecutor's Amendments to Bill of Indictment is recognized as identical to the basic facts charged and there is no substantial disadvantage in the defendant's exercise of his right to defense.

The victim committed an indecent act by using the victim's resistance impossible condition with the victim's sexual organ booms below.

Summary of Evidence

1. Each legal statement of the witness F and G;

1. In determining the credibility of a statement made by a victim, etc., supporting the facts charged, the court shall not reject the statement without permission, unless there is any separate evidence to believe that the statement made by the witness, including the victim, is objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 201Do2631, Jun. 28, 2012). In this case, the victim’s direct testimony, which is a evidence, is a witness witness witness’s appearance or attitude, and the statement made in the open court, after being sworn in the presence of a judge, should be considered in light of the witness’s appearance or attitude, and the statement made in the witness interrogation, which is difficult to record, is evaluated as credibility, and where the statement made by the witness, including the victim, conforms to the facts charged.

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