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(영문) 대구지방법원 서부지원 2018.06.19 2016고단2860
강제추행등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant demanded the replacement of apartment controlled entities in front of the Seo-gu apartment building B, Daegu, Daegu, and gave a desire to take part in the assembly. On September 28, 2016, the Defendant was doing a dispute with C with the victim who was in the assembly, and there is approximately 20 residents, and the victim “Woo feb feb feb feb feb feb fe.”

In a large sense, “the victim was openly insultingd.”

Summary of Evidence

1. The defendant's legal statement (as at the 11th public trial date);

1. Application of each of the statutory statements made by C and D to the witness C;

1. Article 311 of the Criminal Act and selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On September 28, 2016, the Defendant: (a) requested the replacement of apartment management entities in front of the Seo-gu apartment building B, Daegu-gu, Daegu-gu; and (b) took a dynamic image of the victim D (V, 42 years of age, Ga) who was in the assembly, and expressed the Defendant’s desire to take a cell phone; and (c) the said victim Da d’ is stamped.

. The Defendant’s head and face were sealed on the chest part of the victimized person’s chest and committed an indecent act by force on the part of the victimized person by breaking down the victim’s head and face.

2. In a judgment of conviction in a criminal trial, the conviction ought to be based on evidence of probative value, which leads to a judge’s conviction to the extent that there is no reasonable doubt that the facts charged are true. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, the conviction should be based on the defendant’

The core evidence corresponding to this part of the facts charged was at the present site.

There is each statement in the legal and investigative agencies of C and victims D.

However, in full view of the following circumstances, C's statements are alone made.

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