(영문) 수원지방법원 2017.06.22 2017고단1175

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(영문) 수원지방법원 2017.06.22 2017고단1175

준강제추행

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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

On November 17, 2016, at around 01:40, the Defendant discovered the victim F (the age of 24) who was under the influence of alcohol on his back seat, and moved the victim's right side seat into the victim's right side. On November 17, 2016, the Defendant rheeped the victim's right side by using the left hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the mental and physical loss of person or the impossibility of resistance.

Summary of Evidence

1. Legal statement of witness G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made in relation to G and F;

1. Investigation report (a CCTV analysis in a vehicle);

1. The CD reproduction result argues that the Defendant did not commit an indecent act against the victim (the Defendant alleged that he did not commit an indecent act against the victim, but that is, the following circumstances acknowledged by each of the above evidence, i.e., G, witness G, consistently up to the investigation agency and this court, consistently held that the Defendant was able to use the victim’s bucks in his hands.

Specifically, G has made a statement, and there is no reason to make a false statement detrimental to the defendant while taking charge of the punishment for perjury, and there is no reason to open a false statement in G, and in light of G's attitude of the statement in this court, it is reliable in its statement. ② According to bus CCTV images, the defendant first sits in one column of the victim, and then he returned to the back of the bus that occurred after the victim was confirmed locked, and he was seated on the side of the victim, even though there were many empty seats in the bus at the time when the defendant was under influence of alcohol, he sits on the side of the victim, and ③ the defendant was sentenced to a fine of 2 million won due to an indecent act committed by the central district court of Seoul on November 9, 2012, and was sentenced to a crime similar to this case.

유사 판례

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