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(영문) 서울동부지방법원 2018.11.16 2017고단4296
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

On November 13, 2017, at around 00:30, the Defendant committed an indecent act on the part of the victim, such as: (a) the victim’s side kis, and (b) the victim’s knife, when other knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each investigation report (Nos. 4 and 6) [Defendant and defense counsel] asserts that although the defendant was less vulnerable to the victim's injury against the victim's will, the defendant did not commit an indecent act against the victim by inserting his hand in the part of the victim as stated in the facts of the crime in the judgment.

However, in full view of each of the above evidence, it can be sufficiently recognized that the victim's own kis, such as the facts stated in the facts of the crime in the judgment of the defendant, and the victim's body was removed, and the victim's hand was her part, and the victim's her tam was her part, thereby committing indecent acts

Defendant

In addition, the defense counsel asserts that there is no credibility in the victim's statement in light of the circumstances, such as the location where the defendant and the victim possessed drinking with the defendant at the time of the instant case and the fact that the defendant was not an enclosed space to the extent that the defendant could commit an indecent act on his behalf. However, considering the following circumstances acknowledged by evidence duly adopted and investigated by the court, it is difficult to dismiss the credibility of the victim's statement solely based on the above circumstances asserted by the defendant and the defense counsel.

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

(1) The victim shall be the place, circumstances, mode and method of the crime of this case in the investigative agency and this court, and the situation before and after the prosecution.

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