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(영문) 대구지방법원 2018.06.12 2018고단1
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 16, 2017, the Defendant committed an indecent act against the victim by taking the victim’s hand and bringing the victim’s sexual organ to his sexual organ by hand while he was faced by the victim D (Woo, age 24) who is an employee, at C Ga, located in Daegu Suwon-gu B around 22:25 on October 16, 2017.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement and written statement of the police about D [the victim D's statement is consistent, while the defendant stated that no injured person had attempted to engage in a similar act at the time of the police investigation, but the prosecutor's office and court had the victim retired from Mali by trying to engage in a similar act in advance;

The statements are not consistent with those statements.

In addition, in the prosecutorial investigation, the Defendant did not immediately restrain the victim from suffering the Defendant’s sexual organ, and the reason was that “The reason was that the victim would have called this service in another place,” but the Defendant demanded the discontinuance of termination and refund on the ground that he did not think of it later.

In light of the following facts: (a) the victim made a statement or made a statement in a somewhat contradictory manner; (b) if the victim wants to engage in the act of similarity that he/she does not want, he/she could immediately refuse it and demand a sound conclusion; (c) but if a marina place was interrupted after about about 20-25 minutes, such as the defendant's statement, it would have been likely that the defendant and the victim would have suffered any math in the event that the marina place was interrupted; (d) the victim faithfully complied with the investigation of the investigative agency's false speech detection devices; and (e) the victim was absent; and (e) the defendant searched and visited the instant marina place at the Internet site "E" used by commercial sex business establishments as advertising, the credibility of the victim D's statement is recognized, and the defendant's statement

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