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(영문) 인천지방법원부천지원 2020.09.09 2018고단3665
강제추행미수
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 17:55 on September 6, 2018, the Defendant, at the entrance of the 1st women's toilet in Bupyeong-si B subway C, Seocheon-si, Bncheon-si, the Defendant, when the victim D (here, 30 years of age, Ga) intends to get out of the toilet, tried to look back the victim's chest by going out of the toilet, but the victim did not come out of the rest of the victim's finger.

Accordingly, the defendant tried to commit an indecent act by force against the victim, but did not commit it but did not commit an attempted act.

Summary of Evidence

1. The Defendant’s side to attach a witness D’s entrance photograph of the toilet at the court’s statement, and a CCTV video CD attachment did not prove that the Defendant committed an indecent act like the above criminal facts.

However, the following facts and circumstances acknowledged by the evidence duly examined in this court, namely, the victim consistently stated to the effect that the defendant tried to go out of the toilet because it was not uneasy, even though the victim talks that the defendant was a female toilet, and the defendant tried to go out of the toilet. In fact, the victim seems to have made a statement about his/her hands.

If the victim seems to have seen in this Court, or if the victim's statement is divided, it can be reliable.

On the other hand, although the defendant thought that the victim was a female toilet, he made a statement that he was "no," it means "no," and that he was a male toilet, but he made a statement that he was outside the hands, and the statement was made that he was the victim who lost the center of his body because he was flicking, and the statement was made that he was the victim's flick, and that he was the victim's flick, and that he was the victim's flick at the time of committing the crime, it was not consistent, and it was not possible to understand the fact that he was flick about his chest at the time of the crime.

In addition, the defendant used a male toilet and used it in front of a female toilet.

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