(영문) 청주지방법원 충주지원 2018.06.29 2017고단856

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(영문) 청주지방법원 충주지원 2018.06.29 2017고단856

강제추행

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On June 15, 2017, at around 00:00, the Defendant received the introduction of land owners within C located in Chungcheongnam-si, Chungcheongnam-si, and had the victim D (n, 51 years of age) first met on the day so that he could not set up within a canter, and forced the Defendant to set up two times more than twice.

B. At around 01:23 on the same day as the above paragraph (a) above, the Defendant discovered that the injured person was absent from the toilet by the Defendant, and that he was trying to catch a taxi in the nearby E Park, and led the victim to the Felel in the nearby E Park. On the same day, at around 01:40 on the same day, the Defendant forced the victim to commit an indecent act by placing the victim on the bed, burging the victim into the bed and resisting the victim, putting the victim on the bed, burging the victim’s chest and burging the victim’s breast, burging the victim into the bed, putting the victim’s panty, putting the victim’s hand into the Defendant’s panty, and making the victim come into the Defendant into the bed.

2. The Defendant denied the facts charged to the effect that: (a) the victim forced kids with the victim or forced kids from the early investigation to the court; or (b) the victim forced kids, or forced kids against the victim’s resistance, even though the victim refuses to do so; (c) the victim did not have any physical contact.

The direct evidence corresponding to the facts charged in the instant case is only the victim’s statement, such as recording of victim witness D and the statement of investigation agency, among the second trial records.

In order for the victim to be convicted of facts charged only based on the victim's statement, it is required to have high probative value to the extent that there is little doubt about the authenticity and accuracy of the statement.

However, considering the following circumstances, victim D's statement (legal testimony, statement of investigative agency, etc.) has probative value.

It is difficult to see it.

Therefore, the prosecutor submitted the statement of the victim as well as the victim.

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