(영문) 서울중앙지방법원 2017.4.21. 선고 2017고합91 판결

At around 15:00 on August 5, 2016, the Defendant moved to FO located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the head of the victim's left side bucks, left hand, and left part of the box of the Defendant, 3 times, while he moved to the victim's fO located in the head of the victim's own cab, which is a destination, in front of the Arash in Seocho-gu Seoul, Seocho-gu, Seoul, about 77-gil 3.

Accordingly, the defendant committed an indecent act by force against the victim who is a child or juvenile.

Summary of Evidence

1. Prosecutions and police interrogation protocol of the accused;

1. C’s statements and stenographic records contained in the video CD;

1. C’s statement;

1. Medicine, photographs, and details of telephone conversations;

1. Investigation report (investigation into a vehicle inquiry, suspect, specific taxi site, general telephone investigation into witnesses, investigation into witnesses H telephone investigation into witnesses, and attachment of photographs taken by victims);

Judgment on the Defendant and defense counsel's argument

1. Summary of the assertion

Although the defendant was loaded in a taxi that he/she operates on the day of the instant case, passengers get aboard the taxi near the subway station and get out of the front bed and do not coincide with the dong line (from the south River basin to the reverse dong) of the victim. There is no fact that the defendant could not commit an indecent act against the victim's driver while driving a taxi, and that he/she committed an indecent act by holding the victim's bucks, knicks, kacks, and kis.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the victim's statement about the details of the damage and the content of the damage can be sufficiently reliable. The defendant committed an indecent act against the victim's child or juvenile victim's bucks, knicks, knicks, knicks, and knicks on the day of the instant case while moving the victim to F by burning the victim's day in the south Station. Thus, the defendant and the defense counsel's assertion cannot be accepted.

① 피해자는 '사건 당일 오후 3시경 역 J 근처에서 친구들 네 명과 함께 택시를 탔고, 친구들 네 명은 뒷자리에, 피해자는 조수석에 앉았다. 택시기사인 피고인은 피해자 일행에게 "내 손녀딸 같다."고 말을 걸면서 오른손으로 피해자의 왼쪽 허벅지를 주물럭 거리며 만졌다. 피해자는 가지고 있던 가방으로 다리를 가렸고, 이를 본 뒷자리에 있던 친구 H이 피해자에게 "가방 줄까?"라고 말하며 가방을 건네주어 가방 두 개로 다리를 가렸다. 피고인은 "무슨 빈 가방이 이렇게 많냐."고 말하면서 가방을 들춰 다시 피해자의 왼쪽 허벅지를 만지고, 왼손과 왼 팔뚝도 만졌다. 피고인은 "내 딸은 박사학위를 땄다."고 말하면서 휴대전화로 딸의 사진을 보여주기도 하였다. 피해자 일행은 F을 가기 전에 있는 K제과점 건너편에서 하차하였고, 피해자 일행 중 누군가가 "빨리 찍어."라는 말을 하여 피해자가 택시 번호판 사진을 찍었다.'라는 취지로 진술하고 있는바, 피해 경위 및 내용, 피해 전후의 사정 등에 관한 피해자의 진술이 구체적이고 일관되어 실제 경험에 기초한 것으로서 신빙할 수 있고, 피해자가 허위 진술할 만한 동기나 이유를 찾을 수 없다.

② The friendly G of the victim who was on the back of the taxi at the time of the instant case stated that “five son was aboard the taxi near the station in J. F. When the si was trying to play, the si was fleeped with the victim. As the victim was in charge of the sibbbbbbbs, the son was released to the victim, and the son was under way the son was sent to the victim. The son was released from the sibs. The sibs. The 5 sibs. The si was sent to the victim’s cell phone number. The 5 sibs. The si was asked to have the victim’s sibs. The 5 si was not on the sibs. The 5 sibs. The sibs and son, who was on board the si, made a statement to the victim’s sibs. The son was also on the 5 sibs.

③ Meanwhile, the Defendant asserts to the effect that, on the date of the second trial, the victim’s statement was not reliable, such as: (a) the victim took the victim’s walk in front of the front line, but rather near the front line; (b) the victim’s appearance appears to be different from the person boarding the taxi on the day of the instant case; (c) however, in light of the following circumstances, the Defendant sufficiently recognized the fact that the victim took the victim’s walk in front of the front line in the vicinity of the front line; (d) the victim’s appearance appears to be different from the person boarding the taxi on the day of the instant case.

가 피고인은 "사건 당일 중학생 5명을 태웠다. 여자애들만 탔고, 뒤에 네 명, 앞에 한 명이 앉았다. 피해자 일행에게 손녀딸 같다고 말하였고, 아저씨 딸은 박사학위를 땄다는 이야기를 하면서 휴대전화로 딸 사진을 보여주었다. 뒷자리에 탄 학생이 피해자에게 가방을 건네준 것을 보았고, 가방을 들추면서 왜 빈 가방이냐고 말하였다."라고 진술하였는바(수 77, 79, 80, 102, 123, 124쪽), 이와 같은 진술 내용은 피해자 및 목격자들이 진술한 피해 당시의 상황과 일치한다.

B. The victim, witness, G, and H made a statement to the effect that “the victim was set up in front of the convenience store located prior to the F K point” (the number of 47,91,95 pages), and objective circumstances, such as the victim’s mobile phone number plate is the same as the place where the victim was taken from the taxi and the victim’s mobile phone number plate was moved from the taxi, and the victim’s mobile phone call station is moving to F in the direction near the I station at the time of the occurrence of the instant case, are also consistent with the statements of the victim and witness.

C. Since the vehicle in which the victim's primary driving is the victim's vehicle is specified as a vehicle number plate photograph taken immediately after the victim's primary driving is the victim's primary driving day, there is no possibility that the victim or witness's memory is unclear or erroneous in the specific process.

(4) Although the Defendant alleged that the victim’s daily act was a false and false statement, there is no circumstance to suspect the credibility of the victim’s statement, such as where the victim was unable to find any particular motive or circumstance that the Defendant initially did not have the Defendant at the taxi, and the victim demanded the Defendant to reach an agreement, etc.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 55(1)3 of the Criminal Act)

1. Suspension of execution;

Article 62(1) of the Criminal Act (Concurrent consideration of favorable circumstances among the reasons for sentencing below)

1. Order to attend lectures;

The main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant has no record of being punished for a sexual crime, the age, family environment, social relationship, etc. of the defendant recognized in the record that the registration of personal information of the defendant against the defendant and the participation in the course of sexual assault treatment can be seen to have an effect to prevent recidivism, it is deemed that there are special circumstances in which the defendant's personal information should not be disclosed or notified);

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for one year - 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] General Standard of Indecent Act by Indecent Acts (subject to 13 or more years of age) on Sexual Crime Case Case 2 category : Indecent act by indecent act, such as indecent act by indecent act by blood relation, etc.

[Special Mitigation] Where the degree of indecent conduct is weak;

[Scope of Recommendation] Reduction Area, Imprisonment with prison labor, one year - two years 2)

3. Determination of sentence: Imprisonment with prison labor for one year and two years; and

[M] Although the Defendant, as a taxi engineer, has a duty to protect passengers, the Defendant is not bad to commit a crime by compulsion of the victim’s bucks, hand, bucks, and wings, which are children and juveniles boarding a passenger. Due to the instant crime, the Defendant was able to feel a great sense of sexual humiliation by the victim and was physically shocked by the victim. The Defendant was unable to take advantage of the victim.

[Modern circumstances] The defendant does not seem to have a serious degree of tangible power or indecent act exercised by him. The defendant has no record of being punished for the same kind of crime or of being severely punished for the same crime.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and background of the crime of this case, circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order.