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(영문) 광주지방법원 2016.12.02 2016고단3507

강제추행

Text

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

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

Reasons

Punishment of the crime

At around 21:30 on July 20, 2016, the Defendant: (a) started in the vicinity of the Dart located in the Yannam-gun, Gwangju, and went into the North-gu E apartment in the front of the Defendant’s Fnata car; (b) was willing to commit an indecent act against the Victim G (the 55 years old) who is an acting driver driving at the driver’s seat, who is driving at the driver’s seat, with the Defendant’s left hand; (c) putting the victim’s right shoulder down below the Defendant’s hand; and (d) even though the victim said the Defendant’s hand away and kid, the Defendant committed an indecent act by force against the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement made by the police on the victim;

1. Statement of the victim;

1. The victim’s statements are consistent and concrete with respect to the Defendant’s act of the voice recording file CD, the content of damage, the victim’s response, and the situation before and after the crime.

사건 당일 대리운전 때문에 피고인을 처음 보게 된 피해자가 무고나 위증의 벌을 감수하면서까지 피고인을 형사처벌의 위험에 빠뜨릴 의도로 거짓말을 할 이유가 없는 등 그 진술에 허위가 개재되었다고 볼 만한 사정이 전혀 없는데다가, 피해자의 법정에서의 자연스럽고 꾸밈없는 진술 태도를 더해보면, 피해자의 진술에 충분히 믿음이 간다.

As the Defendant had taken place at the time of committing the crime, it appears that there was a sufficient need for the victim, who is female under 55, to record the Defendant’s act in comparison with his cruel mother. The Defendant’s act did not specifically act in the content of recording all sound in the vehicle, such as reaction by the victim, 2 dialogue, operation of driving device, radio music, etc., and there was no victim.