beta
(영문) 서울남부지방법원 2014.07.18 2014고단1118

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Indecent acts by compulsion;

A. On February 20, 2014, from around 14:00 to 15:00, the Defendant, within a training vehicle parked in the parking lot of the Overcheon-si Horse Horse race track between 15:0, in order to commit an indecent act against the victim D (age 35) who is a road trainee, and met with his/her grandchildren, etc., led the victim to indecent act by force.

B. On February 21, 2014, from around 13:00 to 14:00, the Defendant attempted to dance with the victim’s view within a training vehicle parked in the home flusing parking lot located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu (Seoul), attempted to keep her am in hand, her am in hand, and her left chest turn into his knife, and led the victim to force by force.

2. No person who violates the Road Traffic Act shall conduct driving education for a person who fails to complete a registration of a driving school in return for payment;

Nevertheless, the Defendant did not complete the registration of a driving school and from April 18, 2014 to the same year.

4. Until December 21, 200, the person requested the education for driving training using his own “E” small-scale car quantity on three occasions by using his own “E” class and provided the above D with education for driving training and receiving KRW 200,000 for ten hours in return.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The defendant and his defense counsel asserted that there is no fact that the defendant attempted to have dancing in line with the victim's view on February 21, 2014, and that the left chest seems to be a knife with the loss of the victim.

In light of the fact that the victim consistently and specifically stated the situation in which the victim was committed an indecent act from the investigative agency to the court and the background and process of reporting the defendant to the investigative agency, and ② In relation to the indecent act on the chest part, the victim can sufficiently distinguish whether the defendant was inevitably contacted at the time of 35 years of age or intentionally committed an indecent act.

참조조문