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(영문) 창원지방법원 마산지원 2020.05.08 2019고단1277
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 5, 2019, the Defendant was in charge of the above event with respect to the commemorative event of the Food Day, which was held in the B ecological park of the Haban-gun, B, and became aware of the victim D who was engaged in meal service activities in the above event.

At around 15:35 on April 9, 2019, the Defendant visited the victim in Haan-gun E, Haan-gun, where he visited him for gambling, “after leaving the victim’s dwelling, it is necessary to keep the victim from leaving the so-called “after leaving the so-called “after leaving the so-called one,” and then entering the victim’s dwelling in the victim’s dwelling, and then committing an indecent act by coercioning the victim’s two mils of the victim into the victim’s second hand without the victim’s consent.

[1] On December 12, 2019, the victim’s statement is consistent from the date of submission of the written complaint to the date of testimony under this Court’s jurisdiction. The victim’s statement is consistent with the main part of the statement, and there is no unreasonable or contradictory part in itself in light of the empirical rule, and as long as the motive or reason for making a false statement is not clearly revealed, the credibility of the statement should not be rejected without justifiable grounds (see, e.g., Supreme Court Decision 2019Do5797, Dec. 12, 2019).

In addition, the victim immediately after the crime was committed, and the victim reported the damage to the Public Security Center after consulting F with F.

It is also difficult to find out the motive or reason that the defendant files a false report.

On the other hand, it is difficult to accept the Defendant’s statement on the background leading up to the removal from the victim’s house.

Ultimately, this part of the defendant's assertion is not accepted.

3.Provided, That.

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