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(영문) 광주지방법원 순천지원 2018.06.08 2017고단1989
강제추행
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

The defendant is between the victim B ( South, 48 years of age) and the first victim.

On March 10, 2017, the Defendant: (a) around 23:00, the Defendant got in the victim’s side of the victim, who was fright in D Dogs in C, or in the third south sugar water room, and was frightened by the victim’s hand; (b) had the victim’s hand and frighted into the victim’s sexual flag; and (c) had the victim met the Defendant’s sexual organ.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness B’s legal statement [the defendant denies the fact of crime, but the testimony of the victim is very detailed, consistent and consistent, and there are no extenuating circumstances to deny credibility, while the defendant, in the water surface room where there are no circumstances, the fact that the defendant is placed on the right side of the victim immediately, itself, is an exceptional fact that the defendant was unable to view the victim at the time when he was investigated by the police, at the time of receiving the investigation by the police.

In light of the fact that there is no consistency in the statement, such as the reversal of the statement after the statement, and the victim appears to have been faced with the face of the defendant by taking the defendant's face over immediately after the victim committed an indecent act from the defendant. In light of the consistent reasoning with which the defendant cannot understand it, it is difficult to believe the defendant's vindication, and there is credibility in the victim's statement.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend a lecture or community service order provides that the defendant does not deny and entirely reflect the crime. On the other hand, the defendant has no criminal record of imprisonment without prison labor or any heavier punishment, and the defendant's age, sex, family relation, environment, background and result of the crime, circumstances after the crime, etc.

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