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(영문) 대구지방법원 김천지원 2015.06.10 2014고단1414
강제추행
Text

A defendant shall be punished by imprisonment for four 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

On October 20, 2014, at around 12:30, the Defendant committed an indecent act against the victim by reporting the victim C (here, 26 years of age) who was walking forward of the Defendant at the front of a public parking lot located in 964-64, Guro-dong, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Articles recorded in the examination procedure for witness C;

1. Statement to C by the police;

1. The defendant and his defense counsel asserted the investigation report (report on the absence of a suspect and the acknowledgement of facts of crime) that the victim who was mast while the defendant was feld with the defendant's hand, and that the victim's her kel was not feld with the defendant's hand intentionally.

However, in light of the following circumstances acknowledged by the evidence mentioned above, ① the victim’s statement that the victim suffered damages, such as the statement in the facts charged, from the investigative agency to the court of law, is reliable in the statement because there is no circumstance suspected of the victim’s false statement, such as specially changing the content of the statement or making a new statement, ② the victim’s report to the police after the victim’s indecent act is knee and knee, and the victim borrowed a letter at one time; ③ the defendant’s hand knee, and ③ even according to the defendant’s assertion, the defendant’s hand kne is against the victim’s kne, and it is difficult to view the victim’s hand knick, considering the victim’s hand kn's hand kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's k's k.

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