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(영문) 광주지방법원 2014.07.02 2013고단6333
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 25, 2013, the Defendant, at around 10:00, committed an indecent act by force against the victim D (n, 54 years of age) in his/her own house, on September 25, 2013, when he/she performed the roof water construction work, he/she reported that the victim himself/herself was in his/her house, and when he/she got off to the first floor, he/she called the victim to cast coffee, and called the victim to do so, he/she did so.

2. Around 10:00 on September 26, 2013, the Defendant: (a) asked the victim, who was mixed on the first floor, to ask what part of the room, while performing the roof water construction work at the place under paragraph (1), was in a indecent act by force against the victim, following the victim, etc., who provided the following guidance: (b) 10:00; and (c) 2.

3. Around 11:00 on October 13, 2013, the Defendant discovered a victim who was mixed in the kitchen of the first floor while performing the roof water construction work at a place under paragraph (1), provided that the victim was informed of what part of the kitchen was in the kitchen, and provided such notification to the victim, the Defendant forced the victim to commit an indecent act by force, such as making her son son son son son son son son son son son son son son son son.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted that the defendant and his defense counsel did not perform the same act as the facts constituting a crime.

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court, as well as whether the contents of the statements themselves conform to the rationality, logic, appearance, or rule of experience, physical evidence, or third party’s statement, and whether they conform to the witness appearance and attitude of the witness who is being sworn in the presence of a judge, and the penance of the statements, etc., which are difficult to record in the witness examination protocol, after being sworn in the presence of a judge, shall evaluate the credibility of the statements by taking into account all the circumstances that are difficult to record (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). Police with D’s legal statements and police with D, etc.

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