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(영문) 창원지방법원마산지원 2020.10.30 2020고단545
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On December 16:03, 2019, the Defendant committed an indecent act by force against the victim, who was brought food to the food display stand in the "Denk land," in which the victim C (the female, 18 years of age) located in Busan Shipping Daegu B (hereinafter referred to as an employee, was placed in the "Den land," in which he was employed as an employee.

1. In order to mislead the victim of the defendant's assertion, there was no indecent act committed by the victim in a way that only contact the side gate while intending to see the victim's hand in order to do so.

2. Determination:

A. The victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in itself in light of the empirical rule, and the defendant’s motive or reason to make a false statement is not clearly revealed (see, e.g., Supreme Court Decision 2019Do5797, Dec. 12, 2019). B.

The main part of the victim's statement is consistent from the first statement in the police to the testimony in this court.

(c) The victim informed D staff of his behavior immediately after the damage and the damage immediately thereafter, and CCTV images more than the victim’s statement than the Defendant’s assertion.

The circumstances, such as being deemed consistent, are circumstances that raise the credibility of the victim’s statement.

Ultimately, we cannot accept the Defendant’s assertion.

Summary of Evidence

1. Application of the Acts and subordinate statutes to each accused testimony of the witness C, E, and F to report internal investigation of the suspect's investigation report (in-depth CCTV attachment), each investigation report (in-depth-fashioning the CCTV images inside D and to capture photographs after checking the improved CCTV system) to the relevant accused;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An order to restrict employment of children or juveniles;

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