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(영문) 서울중앙지방법원 2017.11.03 2017고단6173
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 29, 2017, at around 06:25, the Defendant discovered the victim E ( South, 45 years old) who has covered the body by a flashing, covering the body with the body of the victim in a water surface space without putting clothes from the personal surface space divided into a madle, and caused hythrhing to the victim’s thirthm, with the victim’s breast, leg, and sexual flag, and hything the parts of the victim’s breast, hythrh to the victim’s hythm, and hyth to the victim’s hythm.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental and physical loss status.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Recording and report-record (where the statements of witnesses, including the victim, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there exists any other evidence that is objectively deemed objectively acceptable, and there is no other evidence that there is no credibility. With respect to the main part of the statement, the credibility of the statement shall not be readily denied solely on the ground that the statements of the witness, including the victim, are not somewhat consistent with the statements concerning other minor matters (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). However, according to each of the above evidence duly adopted and investigated by the court, the victim made a consistent and concrete statement in substitution for the crimes of this case, their previous and subsequent circumstances, and otherwise, the victim's statements do not seem to have any credibility due to the fact that the statements of the victim are false.

I would like to say.

According to the above evidence, such as the statement of the victim with credibility, it may be sufficiently recognized that the defendant has engaged in the same criminal facts as the facts indicated in the judgment by taking advantage of the victim's mental and physical loss status.

Application of Statutes

1. Criminal facts;

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