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(영문) 의정부지방법원 2014.06.10 2014고단573
강제추행
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who served as a CF instructor.

From November 15, 2013 to 18:00 on November 5, 2013, the Defendant provided a road driving education to the victim D (V, 43 years old) who is a student in the old street in front of the road driving distance of the KAF, GAC, the road driving course of the KAF.

The Defendant, while educating the victims of students of driving skills after deducting force, directed the victims who have taken hand in vehicles by hand, to remove the hand from the vehicle.

The Defendant, on the ground that it is necessary for road driving education, committed an indecent act against the victim’s will against the victim’s will, such as holding the victim’s hand on the hand of the victim who gets her hand on the knife of the knife, cutting the knife on the bridge, leaving the knife on the bridge, leaving the knife on the bridge, leaving the victim’s right knifebbbbbbbbs, making the knife the knife, leaving the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, a photograph submitted by the victim, and a report on investigation (in the case of complaint monetary report);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant's assertion against the defendant and his defense counsel under Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is denied that there is no indecent act against the victim as indicated in the judgment. Thus, in the case of sexual crimes such as this case, the victim's statement remains as direct evidence proving the facts charged because the witness did not exist in multiple cases. If the defendant denies the facts charged, the issue is whether the defendant's statement is credibility in the statement of the defendant and the victim.

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