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(영문) 인천지방법원 부천지원 2018.12.19 2018고단2195
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

The defendant is her husband D of the victim C (nive, family name, 40 years of age).

On March 25, 2018, at around 13:50 on March 25, 2018, the Defendant, while drinking the said D and alcohol at the victim’s dwelling near Kimpo-si, Kimpo-si, the Defendant, who was under the influence of alcohol, was able to drink the victim with his mind to report the victim’s kne and commit indecent act by entering a small room between the victim under the influence of alcohol and the lower part of the chest.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

[Defendant and defense counsel asserts that there is no fact that the defendant committed an indecent act against the victim at the time and place stated in the facts charged.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant's indecent act against the victim is acknowledged as stated in its reasoning.

The defendant and defense counsel are without merit.

(1) The victim took an oath as a witness in this court and committed an indecent act on himself at the date and time and place recorded in the facts charged.

The detailed statement was made.

The statements on the main part are consistent with the statements made by the investigative agency under investigation.

The content was false and tending without direct experience.

It is born, detailed and specific to the extent that it can not be seen.

In light of the victim's legal statement attitude, damage statements are sufficiently reliable.

No motive can be found to make a false statement of sexual crime damage in order to mislead the victim to be punished for the crime of false accusation and perjury and to mislead the defendant.

It is about whether the defendant committed an indecent act in the victim's body from any side of his body.

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