(영문) 수원지방법원 2020.08.20 2019고단5242

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.08.20 2019고단5242

준강제추행

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 02:38 on February 28, 2019, the Defendant was a taxi driver, and the victim B (the age of 26) was the guest of the taxi operated by the Defendant, and the Defendant was a passenger from the taxi operator C to the passenger on February 28, 2019, which led to the front of the E elementary school located in the Young-gu, Suwon-si, Suwon-si, 03:0 on the same day, and the victim was forced to commit an indecent act against the victim, who was under the influence of alcohol from the head of the taxi, moved the victim who was under the influence of alcohol to the rear seat of the taxi, was able to put the victim into the victim's hand on several occasions, and keep the breast back on several occasions.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Examination of the suspect's interrogation of the defendant's partial statement B and F's each legal statement;

1. The police statement concerning B;

1. Investigation report (related to CCTV verification that is located in a place where a case has occurred and to the seat of a victim), investigation report (related to CCTV for crime prevention in a place where a case has occurred);

1. The Defendant asserts that he did not have credibility in the statement of the victim because he denied the CCTV CD crime.

On the other hand, the victim made a concrete and consistent statement from the investigative agency to this court to the extent that it is not possible to have no direct experience of the indecent act, methods of indecent act, the situation before and after the indecent act, the pipe in the time, and the circumstances leading to the accusation.

At the time, it is difficult to view that the victim was aware of the location of the victim's boarding by complying with the memory of the male-friendly device that was born to the defendant taxi at the time of leaving the taxi.

The victim was living out of the body of the body of the victim while enjoying on the back side and the next door was opened.

On the other hand, the driver's kn's kn's kn's clothes and clothes cut off and oppose the chest.

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