(영문) 서울중앙지방법원 2018.05.16 2018고단482

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(영문) 서울중앙지방법원 2018.05.16 2018고단482

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant and the victim C (the age of 27) are those known in the business starters meeting among mobile phone fluor D.

On September 7, 2017, the Defendant shows the video taken by the Defendant while sitting and drinking with the said victim at the frequency of “F” located in Gangnam-gu Seoul on September 20, 2017.

After moving the position behind the defective victim's side, the victim's face was cut down by the sudden hand, and the victim's face was made appropriate once to the left part of the victim's left part.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police with regard to C;

1. Investigation report (Attachment of the contents of conversation between the suspect and the victim), investigation report (related to the credibility of the victim's statement) (the defendant and the defense counsel asserted that the defendant did not commit an indecent act against the victim as stated in the facts charged, and therefore, it is examined.

In a case where a witness’s statement, including a victim, is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other evidence that is objectively deemed objectively acceptable, and there is no other reliable evidence (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim has consistently and specifically stated the instant crime in an investigative agency and this court as well as in a consistent and detailed manner with regard to the Defendant’s speech and behavior at the time.

The statement of the taxi engineer or the text message the victim sent to the defendant was supported by the damage suffered by the victim after the crime of this case was committed.

Unlike others, the victim does not peep into circumstances in which the victim made a false statement.

The credibility of a consistent victim’s statement cannot be denied solely on the ground that the Defendant and the victim were drinking together in a friendly atmosphere at the time.

Therefore, the investigative agency of the victim with credibility and each statement in this court.

참조판례

-대법원 2012. 6. 28. 선고 2012도2631 판결

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