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(영문) 대전지방법원 2015.10.23 2015고단1328
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2014, from around 00:35 to 01:35 on the same day, the Defendant: (a) at the Enocom Bank 5 room located in Daejeon Pungdong-gu, and (b) at the victim F (23 years of age, her body) who had drinking together, followed the victim’s her body, and met the victim’s chest once in his/her hands, and (c) the victim’s chest was her fingers once in his/her hands; (d) the victim her fingers over two occasions, her fingers, her fingers over two times; and (e) the victim was able to go in his/her singing, and the victim was able to go in his/her singing, and the victim was her breasts of the victim who sing in the same way.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the Defendant and defense counsel’s assertion in each legal statement of F and G

1. The defendant and his defense counsel shall not have committed an indecent act against the victim.

2. The statements made by the victim in the investigative agency and the court are consistent with the facts charged, and it is difficult to view that the police and the prosecutor’s office are somewhat different from the statements made in the facts charged, but it would undermine consistency or credibility, and it is also difficult to find any motive to make a false statement.

피해자의 연락을 받고 노래방에 갔던 피해자의 동료 G 역시 수사기관 및 법정에서, 자신은 노래방에서 술에 취해 잠들어 있었는데 피고인이 잠시 노래방을 나간 사이에 피해자가 자신을 흔들어 깨우고 피고인으로부터 성추행을 당하였다면서 엉엉 울며 말한 바 있다고 진술하고 있어 피해자 진술에 부합하고, G이 증언 말미에서 피해자에 대한 반감을 드러내고 있는 점에 비추어 볼 때 허위로 피해자의 진술과 일치하는 내용의 진술을 할 이유는 없어 보인다.

On the other hand, after returning home from singing, the Defendant received a telephone from the victim to resisting indecent act against the victim's male or female entrance.

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