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(영문) 수원지방법원 2016.01.11 2015고단5114
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On August 18, 2015, at around 22:40, the Defendant boarded the victim D (son, 39 years of age) as a passenger in E in front of the instant taxi, and opened the Defendant’s left hand on the hand of the victim, who was driving the said taxi, with the victim’s right humbbbbbbbbbbbs, and the victim humping off at this time, “at this time, at the end of the city where he was doing so.” The Defendant humping off the victim’s humbbbbbs, and humping the victim’s humbs on the hand of the victim who was driving the said taxi.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The rejection of a witness D’s legal statement [the rejection by causing a suspicion of having no reasonable ground for doubt that there is probative value cannot be permitted to deviate from the bounds of the principle of free evaluation (see Supreme Court Decision 2013Do14656, May 16, 2014). In a case where the statements made by the witness, including the victim, are mutually consistent and consistent with the facts charged, it shall not be dismissed without permission, unless there is any other evidence objectively deemed objectively reliable and objectively consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim D’s statement consistent with the facts charged in this case is consistent with the main part of this case from the time of investigation to this court, and is consistent with the main part of this court’s statement from the time of investigation, and in light of the circumstances indicated in the black box image CD and video image data at the time of the instant investigation).]

1. Some statements made against the defendant during the police interrogation protocol;

1. Video materials for black stuffs, video CDs and black stuffs;

1. Application of Acts and subordinate statutes to a report on investigation (vehicle booms and video analysis);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Special cases concerning the punishment, etc. of sexual assault crimes;

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