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(영문) 대구지방법원 2017.09.12 2016고단3491
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 25, 2016, the Defendant, at D clubs located in Daegu Jung-gu, Daegu, about 03:00, committed an indecent act against the victim E (the age of 18) who had danced, and flicked the victim’s chest by hand.

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

Summary of Evidence

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

1. Each police statement made to E, F, and G;

1. CCTV video works “There is a partial difference between the victim’s statement in the investigative agency and the victim’s statement in the court. Although the victim’s legal statement is partially different from the victim’s statement F, G, etc., the victim’s statement finally submitted to the investigative agency is consistent with the victim’s statement in lieu of the witness F, the victim’s statement in the main part is consistent. The victim’s statement in the main part is consistent with the victim’s statement. The victim appears to have been somewhat interested immediately after the case, and the victim’s memory may be deteriorated in the detailed part for a long time in the court. Since G first known the victim and the victim’s friendship H in the instant club on the day of the instant case, the victim’s statement is recognized even if the above circumstances are considered, given that the victim’s statement is deemed to be insufficient to

In particular, a thorough examination of CCTV video works, the victim 03:12 on the day of the instant case, while dancing in front of the rail immediately in the vicinity of the rail at around 03:12 on the left side of the victim (the fact that the defendant dances on the left side of the victim is recognized by the police at the time of the second examination of the victim, and the fact that the defendant also has the same effect as the defendant's appearance on the written statement as the victim's appearance entered in the victim's second examination) and 03:12:56:03:13:00 on the right side of the victim, such as the victim's statement, appears to have a face from the victim's hand, as the victim's shoulder is above the victim's right shoulder, and the victim seems to have done so immediately (the victim appears to have done so on the face of the victim's body and return to the place of the victim's body (the same as the victim's appearance on the part of the victim).

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