(영문) 서울중앙지방법원 2015.09.24 2015고합758

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.09.24 2015고합758

강제추행상해등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 10, 2015, at around 06:50 on August 10, 2015, the Defendant, as a taxi engineer, was driving a victim C (or 29 years of age) in the vicinity of the square station in Seocho-gu Seoul, Seocho-gu, Seoul, while driving the victim C as a customer, was trying to commit an indecent act against the victim by stealing the victim in the back seat.

1. On August 10, 2015, the Defendant: (a) committed indecent act by compulsion on the part of the victim who returned from the taxi in Gangnam-gu Seoul at a time, Gangnam-gu, Seoul; (b) took the face of the victim from two arms, and forcedly taken the victim’s face on two occasions; and (c) took the victim’s face into custody at the victim’s drafting; and (d) on two occasions with the victim’s resistance, the victim strongly taken the victim’s breath on the part of his/her hand, and caused the victim to take the victim’s breath on the part of his/her her b

2. The Defendant attempted to commit an indecent act at the above time and place so as to prevent the victim from sustaining sound by one hand for the purpose of an indecent act and by another hand, and forced the victim into a taxi and forced the victim to capture. However, the Defendant did not commit an attempted act with the wind to witness and restrain the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Each written statement of C;

1. The defendant asserts that he only committed the above act with the mind that he wants to easily report the attempted indecent act with the victim, such as voluntary report (indecent act by compulsion, injury, etc.), photographs on the part of the victim's body, taxi photographs, Kakao apps, death diagnosis certificate, investigation report (the statement of the smowinger), and that he did not separately commit the indecent act.

In light of the following circumstances that can be acknowledged by evidence duly adopted and investigated by this Court, it can be seen that the Defendant had a purpose of engaging in indecent conduct.

(1) The crime committed by the defendant is the act committed in the course of the victim's resistance against the indecent act by the defendant.

(2) A defendant shall be prevented from suffering a victim in the event that the victim sways and sounds.

유사 판례

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