(영문) 의정부지방법원 2016.08.12 2016고단1430

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.08.12 2016고단1430

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

The defendant is a taxi driver of CD company.

On December 14, 2015, the Defendant: (a) driven the above taxi on December 14, 2015, stopped in front of the Felel located in Bocheon-si E; (b) moved the victim G (V, 23 years old) who is a taxi passenger to the back of the taxi, and made it fit for the victim to be aware of and fit for the victim; and (c) committed an indecent act by force against the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Police seizure records;

1. Investigation report (the analysis of black stuffs and images);

1. The defendant and his/her defense counsel asserted that the above act was not conducted with the intent to force the victim to commit an indecent act, although the defendant and his/her defense counsel had a dancing with the victim as stated in the facts charged, it was due to the victim's suspicion first, and the victim did not commit the above act.

In light of the following circumstances acknowledged by the evidence of the judgment, i.e., ① where the statement of the witness, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other evidence that is objectively deemed objectively reliable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim has consistently and specifically stated from the investigative agency to the court that the victim was subjected to an indecent act like the facts charged from the defendant, and thus, the credibility of the statement can be acknowledged. ② At the time of the occurrence of the instant case, considering the following circumstances: (i) where the statement of the witness, including the victim, is mutually consistent and consistent with the facts charged, the victim’s defense was expressed first to the defendant; and (iii) the defendant also expressed his intent to refuse to use the statement by the police for 10 seconds or more.

The statements made by the defendant (see 37 pages of investigation records) are based on the above statements made by the defendant.

참조판례

-대법원 2012. 6. 28. 선고 2012도2631 판결

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