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(영문) 광주지방법원 2017.05.12 2016고단5436
강제추행
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

around 02:30 on October 17, 2015, the Defendant: (a) in the Dong-gu Seoul Special Metropolitan City House “D” (hereinafter “instant House”) in a manner that the victim E (the 53 years of age) and alcohol would be forced to commit an indecent act against the victim; (b) the victim took the Defendant’s hand, and (c) did so.

Even though it is stated that “one hand is above the shoulder of the victim, and the victim’s chest part and buckbucks were sent to several times by the victim’s hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. The protocol (the second time) and the statement protocol (the third time) of each police's statement to E;

1. Partial statements made to F in the police statement protocol;

1. The pictures showing the contents of the G letter sent by the recipient;

1. Part of the investigation report (to hear statements by a witness H phone);

1. Determination as to the assertion by the defendant and his defense counsel of the judgment (the Gwangju District Court 2016Ga group 14664) (the date, time and place of crime)

1. Although the defendant's assertion of the defendant and his defense counsel is a fact that he was authorized to drink by taking the victim's hand, there is no fact that the defendant raised his hand on the victim's shoulder or committed an indecent act by deceiving the victim's chest and bucks.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the above evidence duly adopted and investigated by this court, the fact that the Defendant committed an indecent act against the victim’s will, such as the victim’s chest and buckbucks, as in the facts stated in the judgment, can be acknowledged.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

A. In a case where the statements of a witness, including the victim, are mutually consistent and consistent with the facts charged, a separate and reliable evidence exists to deem that such statements are objectively acceptable.

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