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(영문) 서울중앙지방법원 2016.04.15 2015고단3404
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a space between the victim D (U.S. women, 25 years old) and the victim D through the “E”, a mobile phone hosting app.

On March 21, 2015, the Defendant, at the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government DVD room, started to display the film while appearing together with the victim of the first accident.

In addition, the victim tried to be exempted from the victim's panty and panty, but the victim expressed his/her intention of refusal, made the victim's panty by putting the panty victim's panty back again, putting the victim's finger into the victim's sexual organ, preventing the victim from putting his/her finger into the victim's panty, making the victim's finger into the victim's panty, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statements made by witnesses D in the second public trial records;

1. Statement of a victim in the suspect examination protocol against the accused prepared by the public prosecutor;

1. Judgment on the assertion of the defendant and defense counsel in the police seizure protocol

1. In determining the credibility of the victim's statement in support of the facts charged, the court shall determine the credibility of the victim's statement, 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 who is in the witness examination protocol in the open court after being sworn before a judge, and the penance of the statement, and the fact that the witness's statement, including the victim, etc., complies with the rationality, logic, inconsistency, or rule of experience in the victim's statement itself or the third party's statement (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). The court shall not reject the victim's statement without permission, unless there is any other evidence that can be objectively deemed to be credibility when the witness's statement, including the victim, is replaced and consistent with the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

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