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(영문) 광주지방법원 2017.03.24 2016고단4427
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the Seo-gu apartment security guard in Gwangju City, and the victim D (V, 27 years old) is the resident of the above apartment.

1. From July 2016 to August 8, 2016, the Defendant committed the crime committed with intent to report the victim who passed before the above apartment guard room of 204 p.m. from July 2016 to around 8, 2016, and committed an indecent act by force. The Defendant visited the victim after leaving the victim, and “I am to start.”

"................. is called "....................... knifies the victim's timber and arms, and the chests of the victim..

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

2. On September 3, 2016, around September 18:25, 2016, the Defendant: (a) committed a crime in the above apartment guard room around 204, with the intent of committing an indecent act to compel the victimized person to enter the guard room in order to provide food; (b) delivered the food, and returned back to the back; and (c) sent the food to the victim, and (d) sent the breast by hand, and her breast.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Determination as to the assertion by the defendant and his/her defense counsel as to the investigation report (as to the details of the receipt of the complaint), 112 reports, investigation reports (as to the attachment of photographs inside and outside the guard room in 204)

1. The defendant and his defense counsel shall not have any criminal facts constituting the crime No. 1 of the judgment.

In addition, the Defendant was in contact with the lower part of the victim's shoulder, etc. to avoid exceeding the floor because the victim was suffering from the outbreak in the time and place of the crime No. 2, and the victim was in contact with him/her at the time and place of the crime No. 2, and there was no fact that he/she was sparing the victim with his/her chest.

2. In determining the credibility of the statement by the victim, etc. supporting the facts charged, the court of the relevant legal doctrine accords with the reasonableness, logic, inconsistency, or rule of experience of the content itself, or with the third party’s statement.

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