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(영문) 서울남부지방법원 2015.05.29 2013고단3749
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 11, 2013, at around 04:30, the Defendant: (a) committed an indecent act against the victim E (the 27 years old) who was on the back seat of the D, a taxi he drives on the new seat of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with the human resources located in the new seat of the Gu; (b) around 03:00 on the same day, the victim E (the 27 years old), who was on the string of the D, a taxi he drives from Gangnam-gu, Gangnam-gu, Seoul, with the influence of alcohol; and (c) committed an indecent act against the victim, such as the victim’s buckbuck, which was deep, three times in size.

Summary of Evidence

1. Statement of the police statement of E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (abundance drawings and black images) (abundance images);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. 가납명령 형사소송법 제334조 제1항 피고인 및 변호인의 주장에 대한 판단 피고인 및 변호인은 피고인이 이 사건 당시 술에 만취한 피해자를 피고인이 운전하는 택시에 탑승시킨 후 목적지에 도달하여 피해자를 깨우기 위해 피해자의 무릎 부위를 3회 가량 톡톡 친 사실은 있으나 피해자의 허벅지를 만져 추행한 사실은 없다는 취지로 주장한다.

Therefore, in full view of the fact that the victim has consistently and specifically stated the situation of his indecent act in the investigative agency and the background and process of reporting the defendant to the investigative agency, the victim does not seem to have any special circumstances to gather the defendant, and even if considering the content of the victim's statement, it is difficult to see that the victim has made a false statement even when considering the content of the victim's statement, etc., the victim's credibility of the victim's statement is high.

On the other hand, the defendant will investigate the first police.

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