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(영문) 광주지방법원 2017.04.14 2016고단5977
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 14, 2016, at around 04:20, the Defendant ordered coffee to a nearby multilateral bank by telephone, No. 306 of the Gwangju-dong C building 306, and the victim D (the victim 24 years old) who is an employee, delivered this coffee to the victim's Defendant, but was asked to sit on the victim's side, but was refused to do so, in order to have the victim forced to commit an indecent act, and the victim's side was able to look at the victim's buckbucks one time with the victim's own hand, and the head was dried up.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. The statement in the police statement of D (in full view of the following circumstances, the facts charged can be sufficiently recognized as evidence submitted by the prosecutor.

① The core statements of the victim regarding the Defendant’s act, content of damage, the fear and response of the victim, and the situation before and after the commission of the crime are specific enough to keep the victim’s core statements consistent and visual.

The contradictions of the victim's statements pointed out by the defense counsel are limited to most of the scarcitys and are due to the loss of memory following the passage of time. Therefore, it cannot affect the credibility of the statement.

The victim initially viewed the Defendant on the day of the instant case, with the intention to place the Defendant at risk of criminal punishment until he/she is punished for perjury, and there is no reason to make a false statement in such statement.

In all cases, the Defendant and the defense counsel asserted that the victim’s occupation and place of work are at issue and that the victim reported false matters intending to remove the agreed amount. However, such elements are not matters that may have a decisive impact on the credibility of the victim’s statement;

피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도를 더해 보면, 피해자의 진술에 충분히...

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