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(영문) 수원지방법원 2017.11.30 2017고단4679
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 26, 2017, the Defendant: D in front of the bus stops located in the Gansi Metropolitan Area C around 10:10 on March 26, 2017; “Is the victim E (V, 21 years of age) waiting for a bus,” “Is the Defendant is a bad, alien.”

“A indecent act was committed by influencing the victim’s chests by inserting them into the shoulder blick in which the victim suffered, and by turning them into the victim’s chests as string and turning them on once.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Statement made by the police with respect to F;

1. Determination as to the Defendant and the defense counsel’s assertion of bus (G or CCTV reproduction)

1. The summary of the argument is divided with the victim's talk, and there is no fact that the defendant committed an indecent act.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the witness who is going to make a statement in the open court after being sworn before a judge, and the penology of the statement, etc. When the statements made by the victims, including the victims, are mutually consistent and consistent with the facts charged, it shall not be dismissed without permission, unless there is any separate evidence that may objectively deem the credibility of the statements made by the victim, etc. (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statements made are consistent with the main part of the statements made in the witness examination protocol, the credibility of the statements made in the witness examination protocol, such as the statement made in the open court after being taken an oath before a judge, shall not be denied without permission, unless there is any evidence that it is objectively consistent with other evidence.

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