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(영문) 청주지방법원 2016.04.28 2015고단1753
준강제추행
Text

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

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

Reasons

Punishment of the crime

On June 13, 2015, the Defendant, as a driver of Csi, moved the victim D (V, 18 years of age) who is a customer to the si in the vicinity of the private house district located in Cheongju-gu, Seog-gu, Seog-gu, Cheongju-si, who was an apartment complex for the purpose of the Cheongju-gu, Cheongju-si, Cheongju-si, was going to get the victim to directly clean the old soil and go to the third secretary in the vicinity of the Cheongju-gu.

However, as the victim did not properly clean the drunk, the defendant was able to take care of the victim who was waiting in the car, and the defendant was able to move to the vicinity of the G school located in the Heung-gu Seoul Metropolitan City at around 01:40 on the same day, and he was able to take the victim's chest into the front clothes of the victim who was diving.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. The prosecutor's office of D and the police's statement (determination of the defense counsel's assertion) asserted that the defendant's defense counsel only carried the shoulder and head of the victim who was born at the back seat of the taxi at the time and place of the defendant's ruling, and that the chest did not have a fluence by inserting the finger into the victim's clothes.

그러나 추행 당시의 상황에 관한 피해자의 진술 피해자는 추 행 당시의 상황에 관하여 ‘ 제가 택시 뒷좌석에 쓰러져서 잠을 자고 있는데 제 배 아래쪽으로부터 브래지어 속으로 손이 들어와 가슴을 만지는 느낌이 들어 제가 깜짝 놀라 깨 었더니 피고인의 손이 제 가슴 부위에 있어서 제가 손으로 피의자의 손목을 잡고 확 잡아 당겨서 빼었 다’ 는 취지로 진술하였다.

This is clear, concrete, and consistent, and the defendant is located far away from the police district in close vicinity to the victim who was diving from his own cab seat in the middle of the taxi.

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