beta
(영문) 대구지방법원 2017.08.08 2016고단5849

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2016, around 17:40 on the roads near Yongcheon-si, the Defendant: (a) made the victim E (the 22-year-old age-) who is the guest of the taxi that he operates, to get the string of tobacco on the back string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string, and

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. Statement made by the prosecution against E;

1. Statement protocol by the police for E;

1. An investigation report (to attach screen by capturing the victim and male-gu H message) [where a document printed out from a digital storage medium as evidence is used as evidence, as to the authenticity of the written contents, professional rules shall apply to the authenticity of the written contents. As such, it can be used as evidence only when it is proved to be genuine by the maker or the statement of the person who made the statement at a preparatory hearing or at a public trial, pursuant to Article 313(1) of the Criminal Procedure Act (see Supreme Court Decision 2007Do7257, Dec. 13, 2007, etc.). Party E and G are admissible as evidence by recognizing the authenticity of the written contents in this court];

Although there are circumstances in which the injured person was given sexual dialogues of the defendant and did not actively respond to the indecent act in this case, the victim's statement is sufficiently acceptable to the effect that the injured person who was the weak in the taxi where he was string at an string place is willing to capture the situation as much as possible, and that the injured person who had no experience in sexual violence prior to this case did not immediately respond to any kind of action.

of the victim's statement shall not be a reason to reject the credibility of the victim's statement.

[Application of Laws]

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Exemption from any disclosure order and any notification order: