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(영문) 대전지방법원 2019.03.22 2018고단3485
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

The defendant, around April 7, 2018, drink B, etc., a former place of work, drinked with B, etc., and was found to have been first known to the victim as the victim B was in company with B, etc.

At around 05:00 on the same day, the Defendant went outside the Defendant’s house to drink alcohol together with the victim, F, etc., and when the victim gets into the Defendant’s house and again gets into the Defendant’s house, the Defendant forced the victim by force, by putting the victim’s arms on the part of the victim’s body, putting the victim’s arms on the top of the so-called small wave, putting the victim’s hand on the part of the victim’s clothes, putting the victim’s hand into the victim’s clothes, putting the victim’s hand on the part of the victim’s clothes, putting the victim’s knife on the part of the victim’s knife, and kis on the part of the victim.

Summary of Evidence

1. Each legal statement of witness B and C;

1. Statement of the police statement regarding C;

1. The CCTV photograph Defendant and his defense counsel asserted that, after the victim gets on the house of the Defendant as the victim, the victim gets on the house of the Defendant as the victim, the victim was seated in sofa, and the Defendant only went to the house of the victim due to the defect that she strokes from the floor of the ward that she strokes about strokes, he did not commit an indecent act against the victim as stated in the judgment.

Therefore, according to the above evidence duly adopted and investigated by this court, the victim has made a consistent and detailed statement in the investigative agency and this court as a substitute for the crime of this case, its previous and subsequent circumstances, and otherwise, the victim's statement does not seem to have any circumstances to open a false statement in the victim's statement. Thus, the victim's statement is also consistent with the witness's statement B, so it is deemed to have credibility.

According to each of the above evidence, such as the investigation agency of the victim with credibility and the statement in this court, it may fully recognize the fact that the victim committed an indecent act as stated in the judgment of the defendant.

Accordingly, the defendant and the defendant.

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