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(영문) 대구지방법원 김천지원 2017.09.13 2017고단508

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

The Defendant is a private taxi driver who operates a vehicle C.

On February 16, 2017, at around 18:45, the Defendant committed an indecent act against the victim by coercioning the victim F (the victim F) on the face of “H located in Kimcheon-si G, the purpose of which is Kimcheon-si, after getting the victim F (the name, the 20-year-old age), to a senior guest, on the part of the “E hotel” located in Kimcheon-si, Kimcheon-si on the same apartment.

Summary of Evidence

1. Legal statement of the witness F;

1. Statement made by the police on the witness F;

1. In full view of the following circumstances acknowledged by each evidence, the investigation report (a statement and text attached to the victim’s written statement submitted) (i.e., (i) the victim has consistently made a statement from an investigative agency to this court about the background of the crime and the details of damage; (ii) there is no reason to make any false statement that the victim would inflict damage on the defendant even when the victim is subject to punishment for perjury; (ii) the victim has known the phone number to the defendant or provided his/her phone number to the defendant with his/her phone number known is deemed to have been intended to report the defendant after securing contact address, etc.; and (iii) the victim’s act of leaving his/her taxi out of the taxi is deemed to have been normal behavior to be taken immediately after the victim suffered criminal damage in the taxi.

Therefore, the above argument shall not be accepted as it is possible to find the defendant guilty of the above facts constituting the crime.

Application of Statutes

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

1. Article 62(1) of the Criminal Act 1.