(영문) 광주지방법원 2017.09.22 2017고정745

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(영문) 광주지방법원 2017.09.22 2017고정745

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On November 16, 2016, 09:00, the Defendant moved to a way connected to the place when the Defendant was carrying out cleaning work at the construction site of the interior of D (hereinafter “the instant club”) located in Gwangju Metropolitan City, Mine-gu, Gwangju (hereinafter “instant club”) and was in front of the clothes after showering in the shower room within the area of the instant female escape room.

E (28) has stolen E (28) in the crepans of exmos.

Accordingly, the Defendant intruded on the structure that he manages against the will of the instant club manager.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. On-site situation map, on-site photograph, ctV printed screen [the defendant and his defense counsel asserted that the defendant stolen the proposal of the escape room of the instant female within the instant club around November 16, 2016, around 09:00, and that no fact exists.

1) However, in a case where the statements of the witness, including the victim, are mutually consistent and consistent with the facts charged, they shall not be rejected without any separate reliable data that can be objectively deemed objectively and objectively, unless there exist any other reliable data, and in the major parts of the statements of the witness, the credibility of the statements shall not be readily denied solely on the grounds that the statements of the witness are not consistent (see Supreme Court Decisions 2004Do362, Apr. 15, 2005; 2007Do10728, Mar. 14, 2008, etc.). However, witness E is consistent and specifically stated in the investigative agency and this court as a substitute for and in a subsequent situation, the defendant's appearance shown in the image of the Cccctv output, and it does not conform to the above contents of E, and thus, it does not appear that the statement is credibility.

I would like to say.

2) The applicant has credibility.

참조판례

-대법원 2005. 4. 15. 선고 2004도362 판결

-대법원 2008.3.14. 선고 2007도10728 판결

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