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(영문) 전주지방법원 2012.12.05 2012고단1776
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 00:30 on April 12, 2012, the Defendant discovered that the victim E (the 18-year-old age) is walking around the Yandong-gu Seoul Special Metropolitan City on April 12, 2012, and stopped the taxi and caused the her to board the taxi to die with the victim. While driving the taxi, the Defendant committed an indecent act against the victim in mental condition under the influence of alcohol, such as: (a) stopping the inside the taxi and headlight on the road in the vicinity of the Jinjin-gu Seoul Special Metropolitan City Fro-gu under the influence of the head of the taxi; and (b) stopping the inside the taxi and headlight on the road in the front line while driving the taxi; and (c) stopping the victim’s bucks inside and under the influence of alcohol, the Defendant committed an indecent act against the victim in mental condition under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Application of the laws and regulations as a result of the verification by this Court on black boxes and video CDs

1. Article 299 and Article 298 of the Criminal Act regarding criminal facts; the Defendant and the defense counsel on the basis of conviction of guilt of imprisonment with labor; the Defendant and the defense counsel asserted that the victim aboard a taxi did not commit an indecent act even in the absence of buckbucks sprinks spacks 2 or 3 times in order to escape the victim by drunking the victim.

On the other hand, it was difficult to believe the defendant's statement that the victim was trying to get a taxi on the side because it was difficult for the victim to believe that the defendant stopped the taxi on the side in order to make a cab by drinking, while the victim was able to get a cab under the influence of alcohol and walked to the road driving direction. In light of this, the defendant's statement that the victim was trying to get a cab on his hand, while the victim stopped the cab on the side in order to get a cab under the influence of drinking, even though there is danger of accidents in such circumstances, the defendant was blicking both the siblights, tail lights, and interiors, etc., and the defendant's personal moving of the cab to the dial public parking lot after that fact is called the behavior engineer of the cab who gets a cab under the influence of alcohol.

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