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(영문) 수원지방법원 2017.09.14 2017고단1016
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 8, 2016, the Defendant, at around 16:35 on December 16, 2016, 'D' underground 'D' located in Suwon-gu, Suwon-si, Suwon-si, Manwon-si, as a result, reported the victim E (here, 45 years of age) who is easy to enjoy along with his/her daughter, and was under the influence of alcohol, and only one time the victim's her son was her son.

At around 16:50 on the same day, the Defendant: (a) in soup, a soup manager who confirmed CCTV video images in a soup and soup with the victim, thereby making soup; and (b) the Defendant “Irrrrrrrishly made a soup.”

"A defect" and the victim of the victim's her son and her son's her son and her son became the victim's her upper part.

Accordingly, the defendant committed indecent acts against the victim two times in the densely-populated place.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Determination as to the assertion of the Defendant and defense counsel of the CCTV recording CD

1. 주장의 요지 피고인은 TV 리모컨을 찾으려고 피해자의 등 또는 허리 부위를 1회 툭 친 후 피해자의 항의 시 오해를 풀기 위하여 시선을 끌려는 과정에서 1회 툭 쳤을 뿐 범죄사실 기재 추행행위를 한 사실이 없다.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to the public in the witness examination protocol after being sworn before a judge, the appearance and attitude of the witness, and the penance of the statement, which are hard to record in the witness examination protocol, in order to determine the credibility of the statements made by the victim, etc.

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