(영문) 서울남부지방법원 2015.02.03 2014고단3924

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(영문) 서울남부지방법원 2015.02.03 2014고단3924

강제추행

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a taxi for business use.

On August 19, 2014, at around 02:15, the Defendant: (a) asked the victim E (the 26 years of age) in front of the frequency of “D” located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) moved the victim E (the 26 years of age) to the front floor of the two mountain hub apartment located in Gangdong-gu, Seoul, Gangdong-gu, Seoul; and (c) asked the victim “whether he/she is dice or how much he/she is dice,” and expressed that “the victim is dice or how much he/she is dice,” and she committed an indecent act by coercioning the victim’s face to the chest of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. The written statement of the police about E (the defendant and his defense counsel argued that the defendant did not commit an indecent act against the victim as stated in the facts constituting the crime, but ① the victim was committed with the investigative agency to the court, the status of the defendant's personal situation, and the circumstances in which the defendant was reported to the investigative agency (the victim attempted to use the following day taxi after he was committed the indecent act in this case). The defendant was identified with the defendant's telephone number, and reported the defendant using this.

(2) The credibility of the victim's statement is high in full view of the following facts: (a) the victim has consistently and specifically stated the process, etc.; and (b) the victim does not seem to have any special circumstance to gather the defendant in a false manner as a person who does not know of the defendant; (b) the victim's statement or his attitude in the court is difficult to see that the victim has made a false statement even when considering the content of the victim's statement or his attitude in the court; and (c) the victim's statement at the investigative agency and the court; and (d) according to each of the statements at the victim

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

유사 판례

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