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(영문) 인천지방법원 부천지원 2018.10.10 2018고단1754
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 C (the family name, the female, the age of 29) and the victim C (the family name, the family life, the age of 29).

On March 18, 2018, the Defendant, at around 01:30, committed an indecent act by force on the part of the victim, who gets married from the front side of the D, Seocheon-si, 2018.

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

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant's indecent act against the victim is sufficiently recognized 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 about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the emotional testimony and behavior that the victim saw, etc., are consistent with the statements made by the investigative agency after being investigated.

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.

In order for the victim to misleads himself/herself that he/she should be punished for a crime of false accusation and perjury and to see a defendant who does not know, it is difficult to falsely postpone the site of the case and find any motive for the victim to make a statement of sexual crime damage in an investigative agency and court.

(2) CCTV, the body of the victim is extending out to the end of the victim, and the body of the victim is taken by the victim with a Handphone immediately.

(3) The defendant asserts that he/she is going into this court, and is going into outside his/her hands, but is long from the location of the defendant.

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