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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On February 2, 2014, the Defendant committed an indecent act against the victim by drinking alcohol with the victim at the home of the victim D (n, 52 years of age) who had been aware of six months ago in Yangju-si, and drinking alcohol with the victim at his own room other than each other. On the same day, the Defendant saw the victim to commit an indecent act against the victim at around 06:00 on the same day. On the back of the victim who was locked inside the room where the victim was locked, the victim kiddd against the victim, and by other rooms, the victim kiddd against the victim by leaving the victim's chest, and kid against the victim's chest by gathering the victim's finger into the victim's inner panty.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Legal statement of the witness D;
1. A criminal investigation report (to attach a record form in telephone conversations);
1. Recording slip (the defendant and his defense counsel did not commit an indecent act against the victim as stated in the judgment of the court);
The argument is asserted.
In light of the following circumstances acknowledged by the evidence of the judgment, i.e., ① in a case where the statements of the witnesses, including the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there is any other evidence that is objectively deemed objectively reliable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim made a relatively consistent and concrete statement with the purport that he/she had committed an indecent act, as in the facts indicated in the judgment from the investigative agency to this court, as in the facts charged from the defendant to this court. The credibility of the statement can be acknowledged. Although the victim and the defendant were able to stand the defendant on the day of the crime of this case, there were circumstances, such as the victim and the defendant several times even after the crime of this case, but there were no circumstances such as the victim’s statement.