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(영문) 대전지방법원 2020.03.20 2019고단4760
강제추행
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

The defendant is a person who works as a technical instructor at a specialized C Driving School in Class B.

On April 16, 2019, at around 17:20, the Defendant: (a) informed the victim D (here, a woman) who has driven a vehicle within the driving practice among skill training at the head of the said C Specialized Driving School of the method of operating the hand; (b) informed the victim D (a person, who has driven the vehicle) of the method of operating the hand hand; (c) took the hand hand of the driver who takes the driving hand in a doping by hand; and (d) continued to take the hand hand of the driver who takes the driving hand within the said driving practice vehicle during the road training.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement of the police statement concerning D;

1. The defendant's assertion and judgment as to a copy of the complaint, text message details, investigation report (victim's interview report), and authenticity (Attachment to a copy of the written confirmation of the defendant's own interview)

1. The Defendant, while guiding the victim of basic matters during the training in the field, provided the victim with an information on the driving of the vehicle. After the victim’s Hand operation was boomed and stopped the vehicle, the Defendant asked the victim to “I will write down the hand and return the hand.” However, the Defendant asked the victim “I will turn off the hand and turn back the hand,” and the victim did not have an intention to commit an indecent act, on the ground that he did not intend to commit an indecent act.

In addition, there is no fact that the defendant gets the victim's grandchildren or gets the victim's grandchildren while on-road training.

2. The following circumstances acknowledged by the evidence as above, namely, the victim’s prior and specific statement of the Defendant’s criminal act and the victim’s appraisal and response, etc. from the investigative agency to the investigation agency, and subsequent circumstances, are consistent and specifically stated, and “in order to obtain in-depth skill training.”

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