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(영문) 부산지방법원 2016.01.29 2015고합449
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant

On May 2, 2015, at around 04:50 on May 2, 2015, the applicant for the attachment order (hereinafter referred to as the "defendant") committed an indecent act by force by force, such as making the frank of the victim F (n, 33 years of age) out of the 5th floor surface room located in Seo-gu Busan, Seo-gu, Busan, and taking out the 33 years of age, as part of the victim, taking out the bucks as part of the victim, and making up several bucks from the buckp to the bucks of the victim, and making up the bucks of the victim to take back back to the next place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement by the witness F and G [the defendant] of the witness F and G [the defendant does not commit an indecent act against the victim's body only by contact the victim's locked with the victim's body.]

However, the victim's statement is highly reliable because the victim's statement was made to the same purport as the criminal facts consistently stated in the judgment from the investigative agency to the court. The victim's statement is not sufficient enough because the victim's statement is specific and other circumstances that make the victim's statement to the same effect as the criminal facts in this court, and the victim's statement to the same effect as the victim's statement is not sufficient. ② The victim makes the defendant's statement to the victim's relative G that the defendant's statement to the victim's her chest immediately upon the defendant's delivery, made the victim's statement to the police, and forced the victim's her relative G to the police, and the defendant respondeded with the victim's statement to the effect that "the victim's her own indecent act is not likely to be invaded" without expressing the victim's intention to suppress or resist the victim's statement. ③ The defendant is drunk in the investigative agency.

However, while responding to the question of the investigator who makes an indecent act into force, the investigator's answer is being followed by the victim.

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