(영문) 서울서부지방법원 2018.08.29 2018고정56

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.08.29 2018고정56

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a victim B (n, 19 years of age) and a family member with the same family member as C University.

On November 1, 2017, at around 04:00, the Defendant committed an indecent act by force against the victim, including aground, 3:4 times to 4 times, on the chest part of the victim, who was knee of the Defendant at a singing practice place in Seodaemun-gu Seoul, Seodaemun-gu. Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and F;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to B or F;

1. A report on internal investigation (related to submission of the contents ofG conversation) (the victim committed an indecent act by the victim's chest consistently following the criminal defendant from this criminal complaint to this court;

In light of the victim's behavior that had a physical contact with the defendant such as singing room and the defendant's sexual intercourse with the same person as the defendant, it is difficult to find a special motive or reason for making a false statement. The victim's above statement that the defendant had committed an indecent act from the defendant in light of the victim's behavior that had been committed by singing room and singing the defendant's sexual intercourse with the defendant, it is argued that there is no credibility. However, the victim who had been friendly with the defendant in the same person as the defendant and 10 months, was aware that the relationship would be terminated due to the indecent act of the defendant, and there is a possibility that the victim could have committed an indecent act against the defendant, so it is difficult to see that the victim made a false statement by the same act alone with the victim's sexual intercourse with the defendant and the victim.

F was a witness of an indecent act against the victim by the defendant.

statement is consistent with the statements of the victim, and the F makes a false statement only with the name of the director of the academic bureau of the student conference.

It is difficult to see that the defendant continued to use a letter to the effect that he is knee and knee knee in respect of the death and demand of the victim on the day of the indecent act.

유사 판례

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