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(영문) 수원지방법원 2017.07.20 2017고단1772
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant lacks the ability to discern things or make decisions due to editing illness, etc.

1. On March 11, 2017, the Defendant committed an indecent act by force: (a) discovered the victim D (at the age of 28) who was going out of the way in front of the C, and went out, following the discovery of the victim D (at the age of 10:30 on March 11, 2017; (b) committed an indecent act by force by spreading the victim’s chest by extending their two descendants out to the end of the victim.

2. A special intimidation: (a) on March 13, 2017, the Defendant 11:00 on the 11:00 on the 13rd day of 2017, up to two transitions (1 point: 23cm in total length, 13cm in length of day, 1 point: 1: 19cm in total length, 9.5cm in length of day, 9.5cm in length) which are dangerous things at the Defendant’s house located in E, and taken up one excessive amount in possession of the Victim F (n, 21 years in total) which is found about about the lapse of 11:50 on the same day.

In addition, as a driver of driving away from the victim, he saw the victim as a brut, thereby threatening him.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Visual photography photographs, CCTV-recording CDs, investigation reports (on-site CCTV analysis), and CCTV-recording CDs;

1. Determination as to the Defendant and defense counsel’s assertion before the judgment of the protection observation office

1. The gist of the assertion was that the Defendant committed the instant crime.

2. Whether the defendant was guilty;

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the victim, etc., and if the statements made by the witness, including the victims, are mutually consistent and consistent with the facts charged, as well as conforms to the rationality, logic, contradiction, or rule of experience in the statement itself, evidence, or third parties' statements made in the open court after being sworn by the judge before the judge, and the appearance and attitude of the witness, and the penance of the statements made by the witness.

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