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(영문) 의정부지방법원 고양지원 2019.03.28 2018고단3036
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 09:50 on September 4, 2018, the Defendant committed an indecent act by taking advantage of the victim’s condition, such as the victim’s kneeing to knee, by putting the victim’s hand on the victim’s knee, in B bus operated in the direction of transmitting in the direction of transmission at the bus stops located in Bupyeong-si, 239 located in Bupyeong-si, the Defendant: (a) reported that the victim C (the victim 29 years old) seated in the side knee; (b) putting the victim’s hand against others; and (c) putting the victim’s hand on the victim’s kne on the knebbbbbs.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement regarding C;

1. A photograph of a bus CCTV to be cut;

1. 112 Reporting case management table;

1. Investigation report (fixtures after capturings with persons related to reporting by victims);

1. Although the Defendant denies a criminal act, the victim’s statement made by the investigative agency that corresponds to the facts charged is specific and consistent, conforms to the 112 reporting details, holding with the offender, etc., and there is no motive for the victim’s false statement.

In light of the circumstances where the victim was broken out, the physical strength of the defendant's act that the victim observed and stated after the locking, etc., it is judged that there is no possibility that the victim was aware of the defendant's behavior because the victim's awareness was not clear.

The victim of the seat next to the defendant, who first selected the seat in question and was in a state of expectation and sleeping the head of the seat on the side of the corridor, and considering the wide space of the seat, it is common that the defendant does not have the above-mentioned seat in a state where there are a large number of other seats, and even if the defendant sits in the seat in question and has left the seat for a long time so that the victim can continue to expect the head, there is doubt about his motive in the calculation of tax revenue and expenditure.

The victim stated;

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