(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3032

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2020.01.30 2019고단3032

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:40 on June 14, 2019, the Defendant forced the victim to use the victim’s left side part of the shoulder and the left side part of the victim’s left side part of the victim’s D (W, 19 years of age) waiting for the pedestrian signal in front of the victim’s crosswalk in the direction of the victim’s (C). On June 14, 2019, the Defendant forced the victim to commit an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of D and E;

1. Written statements of D;

1. Report on internal investigation (to conduct telephone conversations with victims);

1. A photograph of CCTV for the purpose of crime prevention;

1. Indication of the suspect's movement route [the defendant denies the crime, and the defense counsel argues that the defendant was mistakenly identified as the criminal even though he is not the criminal. However, according to the evidence in the judgment, the contents of the description, such as the appearance of the criminal who stated the victim and witness and the body shape (the color color tension was not worn, the mother and the mix were not worn, the mar and the mar are not worn, the mar and the mar are large to 40 to 180cm, and the mar are tar are written. According to the statements by the victim, etc., the victim et al., left the crosswalk in the direction of "F" immediately after the crime was committed by the defendant, and this is consistent with the place taken by the CCTV at around 21:4 on the day.

Comprehensively taking account of the following: (a) clearly ascertaining the victim’s damage suffered by the victim’s daily behavior and the fact that several minutes are deemed to have occurred up to 112 as text messages; (b) the receipt of the first report was 21:45:50; (c) there were no other persons who coincide with the aforementioned increase in the street on CCTV; and (d) there seems to be no more the migratory population; and (e) the distance between the last point in the course of movement of the offender observed by the victims and the place taken by the Defendant on CCTV is deemed to have been far away; and (e) the Defendant is deemed to have committed an indecent act

Therefore, the facts charged are guilty.

유사 판례

-창원지방법원 2017.04.19 2017노161

-수원지방법원 안산지원 2019.06.19 2019고단1551

-광주지방법원 2013.06.19 2013노877

-부산고등법원 2008. 12. 4. 선고 2008노123 판결

-서울고등법원 2013.02.07 2012노4188