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(영문) 대구지방법원 서부지원 2021.01.14 2020고합194

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is an instructor of a specialized driving school CA in Daegu-gu, Seogu, and the victim D (the victim, 22 years of age) is a student of the above driving school.

1. The Defendant, from May 4, 2020 to December 12:50 of the same day, from around 11:00 to around 12:50 of the same day, she sits in the steering line in the road E (F X-ray car) on the road in which the victim is driving on the road near the pertinent private teaching institute, and this part of the facts charged by the Defendant, while taking road training against the victim, shall be corrected as above to the extent that it does not interfere with the Defendant’s exercise of the substantial defense right based on “Hands and horses, etc.” or the victim

A total of 10 times to 15 times of the victim's losses, such as the unnecessary depreciation or spread of the victim's losses, continued to inflict or spread the victim's losses.

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

2. From around 09:00 on May 10, 2020 to around 10:50 on the same day, the Defendant continuously 20 times a total of 20 times the victim’s losses, including the victim’s losses, who were seated in the steering line in E (FEM car) of a training vehicle on the road in which the victim is driving on the road near the said driving school, and who took hand and handbags, etc. while taking the road training against the victim, and who took hand and carried hand, etc. while taking the road training, continued to take or cross down the victim’s losses.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement and the list of reported cases;

1. Application of Acts and subordinate statutes to each internal investigation report (including the list Nos. 3, 5, and accompanying materials);

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in paragraph (2) with heavier judgment of the court for concurrent crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Order to attend lectures;