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(영문) 광주지방법원 2017.02.03 2016고단2728
강제추행
Text

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

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

Reasons

Punishment of the crime

around 05:50 on June 9, 2016, the Defendant, at the main point of “D” located under the Dong-gu Gwangju metropolitan-gu C, provided alcohol in combination with the victim E (one person, half person, and 21 years old).

During that period, the Defendant committed an indecent act by force against the victim by raising and routing his hand on the shoulder of the victim who suffered clothes that show his shoulder and shoulder while other behaviors except the victim talk with each other to the side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E (alias), F and G;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement of each police statement in relation to E, F, and G;

1. On-site images of evidence photographs [the defendant and defense counsel did not have any fact that the defendant write and rhys the shoulder of the victim, and even if the defendant committed such act, this does not constitute an indecent act and did not have the intention to commit a forced indecent act, and denies the facts charged.

However, the victim's statements are consistent and concrete about the defendant's act, contents of damage, fear and response of the victim, and situation before and after the crime.

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.

볼 만한 사정이 전혀 없는데 다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도를 더해 보면, 피해자의 진술에 충분히 믿음이 간다.

After the instant case, F and G’s statement that the Defendant acknowledged the victim’s injury in telephone conversations and the victim’s injury, and immediately sent G to G as soon as the victim was damaged, support the existence of the facts charged.

In light of these circumstances, the facts charged can be fully admitted as evidence submitted by the prosecutor.

indecent act is objectively sexually sexual;

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