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(영문) 수원지방법원 2018.06.14 2018고단305
강제추행
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

At around 00:30 on August 8, 2017, the Defendant: (a) around Suwon-si Building D and E Singing practice room in five stories; (b) together with the members of the Sports Research Institute, those who play in singing rooms; and (c) those who talk in singing and talk with the members of the Sports Research Institute; and (d) those who talk in singing and the under the influence of alcohol set the head of the victim to the Defendant’s knee of the victim by putting the victim’s head into the Defendant’s knee of kne; and (b) the victim F, who was under the influence of alcohol, got the victim’s hand into the lower part of the victim’s kne.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. Recording recording recording recording recording;

1. Determination as to the assertion by the accused and the defense counsel of each of the 112 reported departments related to the report of the case

1. The Defendant of the gist of the assertion was not able to prosecute the victimized person as described in the facts charged.

2. Determination

A. In determining the credibility of the statement by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statement, and shall not reject the statement without any separate evidence to deem the credibility objectively acceptable if the statement is consistent with the rationality, logic, inconsistency, or rule of experience of the statement itself, or comply with the witness evidence or third party's statement in the open court after taking an oath before a judge, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness, and the penance of the statement, which are hard to record in the witness examination protocol by directly observing the circumstances that are difficult to record in the open court after being sworn before a judge. The credibility of the statement shall not be determined without permission, unless there is any evidence to prove the credibility of the statement by the victims and other witnesses, in a case where the statement by the victim, etc. is mutually consistent and consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 2012).

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