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(영문) 광주지방법원 2014.11.26 2014고단3093
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaged in the agricultural product distribution business, and the victim C (n, 32 years of age) was employed by the Defendant from March 2, 2014 to work as a home-based worker, and received an order and telephone for agricultural products.

On May 2, 2014, at around 20:50 on May 2, 2014, the Defendant: (a) placed the Defendant’s multilateral cargo vehicle in front of Gwangju Northern-gu, provided that the Victim’s shoulder seat seated on the wing-gu D cannot be knifed with both hands and knife, and (b) forced the Victim to fit.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his/her defense counsel asserted that the defendant and his/her defense counsel met with the consent of the victim.

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 made by the victim, etc., taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is taking an oath before a judge, and the separation of the statements made by the witness in the open court after he/she takes an oath, as well as the appearance and attitude of the witness who is going to record in the witness examination protocol, and the appearance of the statements made by the witness himself/herself (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). In cases where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there is any other evidence that objectively deems the credibility of the statements made by the witness objectively and objectively (see, e.g., Supreme Court Decision 2004Do362, Apr. 15, 2005).

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