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(영문) 서울남부지방법원 2017.05.24 2016고단4603

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

around 05:01 on June 4, 201, the Defendant, a person operating D private taxi, was committing an indecent act by force against the victim by putting the victim E (the 24 years old) on the west-dong, Seodaemun-gu, Seoul, the 107-ro 107-ro, Gangseo-gu, Gangseo-gu, Seoul, on the 13-ro 107-ro, while driving the said taxi.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Determination as to the assertion of the defendant and defense counsel in the police statement protocol against E

1. The summary of the argument is that the victim had been seated in the string of the taxi and had been able to protect the victim by extending out his hand, and did not commit an indecent act against the victim. Even if the Defendant’s hand contacted the victim’s body, the Defendant did not have the intent to commit an indecent act.

2. The victim was forced to commit an indecent act by the defendant as stated in the judgment from an investigative agency to this court.

As the statement is made, the contents of the statement are specific, consistent and particularly doubtful circumstances are not found.

In addition, the following circumstances revealed by the evidence duly adopted and investigated by this court, namely, the victim reported the indecent act by phone 112 after the victim gets off from the taxi operated by the defendant, and returned to the house, and the victim made a statement to the effect that "if there is no evidence to prove that there is a black box in the defendant's taxi, it shall not be dealt with without the case." A taxi operated by the defendant was installed with a private taxi owned by the defendant, but the operation of a black box was suspended before the occurrence of the instant accident. The victim who was unaware of the breakdown of the black box at the risk of personal injury.