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(영문) 대전지방법원 2019.03.14 2018고단4490
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 2, 2018, at around 04:40, the Defendant discovered the victim D (a) who danced in the “C clubs,” located in Seo-gu, Daejeon, Daejeon, Seo-gu, Daejeon, and found the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her his her her her her her her her her her her his her her her her her her her

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Legal statement of witness F;

1. The statements of witnesses D, E and G in the second trial records;

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

1. G’s statement (the Defendant asserts that there was no indecent act against the victims as stated in the facts of the crime. However, the victims’ statements are relatively consistent and concrete at the time of the instant crime, such as the Defendant’s act and response, the details of damage, response to the victims, the situation before and after the instant crime, and the process of specifying the subjects of the instant crime as the Defendant. In addition, in light of the relationship between the Defendant and the victims, the victims may not have any motive to believe the Defendant at all at all at the risk of causing a sense of shame and prejudice that the victims should make about the circumstances of indecent act by force, fear of criticism and prejudice that the victims may have toward the victims, spread to the victims’ family members, and criminal punishment for the crime of false accusation. Furthermore, there is no evidence that each of these statements made by F and G accords with the victim’s statements. For this reason, it can be sufficiently recognized that the facts of indecent act committed by the victims, such as the facts of the crime committed by the Defendant as indicated in the judgment below).

1. Imprisonment with prison labor under Article 298 of the Criminal Act, in respect of the relevant criminal facts and the choice of punishment;

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