(영문) 대전지방법원 2018.12.27 2018고단3132

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줄 간격

자간(%)

(영문) 대전지방법원 2018.12.27 2018고단3132

준강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 18, 2015, at around 22:00, the Defendant committed an indecent act by force by taking advantage of the victim’s mental and physical loss, by putting the victim’s chest in a studio in a sing room located in Daejeon-gu Daejeon-dong, Daejeon-gu, Daejeon-gu, by standing in the studio of the victim D (the age of 21). On the breath, the Defendant her chest was frighted, and her chest was frighted, continuously her fingerd with her clothes, and her chest was frighted with the victim’s chest.

Summary of Evidence

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

1. Statement made by the prosecutor with respect to G;

1. Statement made by the police for E;

1. To the effect that the Defendant did not commit an indecent act, such as the facts constituting an offense in the instant case, the Defendant and his defense counsel asserted that the Defendant did not have committed such indecent act.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court: (a) the victim’s statement on the Defendant’s indecent act in this case and the situation before and after the crime; (b) the victim’s response thereto; and (c) the circumstances leading to reporting the crime in this case to the investigation agency is relatively specific and consistent; and (d) the victim’s investigative agency and the victim’s attitude to make statements in this court and its contents were credibility.

In light of the fact that: (a) the witness E and F, who has witnessed the instant case, made a statement consistent with the victim’s statement; (b) the Defendant alleged that there is no fact that the Defendant committed an indecent act, such as the facts stated in the judgment, from the third public trial date; (c) however, until the first public trial date, the Defendant made a statement to the effect that “the Defendant was in a fluent state at the time, and was not accurately memoryd, but is satisfing the victim’s chest,” and at least made a statement to the effect that “the Defendant was aware of some indecent act committed against the victim’s chest,” thereby recognizing the victim’s chest.

유사 판례

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