(영문) 수원지방법원 2015.04.02 2014고단5795

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(영문) 수원지방법원 2015.04.02 2014고단5795

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, as a person taking lessons at the driving school of a motor vehicle driving license from August 2, 2014 to August 18:00 of the same day, took lessons at the driving school of the motor vehicle driving license, held the victim E within D 27 vehicles owned by the driving school of the D motor vehicle driving license in ethical C, in order to force force force force the victim E (the victim, who is aged 28) on several occasions, and left a middle-standing term during the road driving training course, and held the victim’s hand on several occasions. The victim’s bucks at the crosswalks at the crosswalks before the crosswalks are rapidly removed or moved to another vehicle, and forced the victim to commit an indecent act for three hours during the road driving.

Summary of Evidence

1. The legal statement of the witness E (the testimony shall be credibility in light of the attitude and consistency of the statement in the court and the structure and consistency of the statement);

1. Application of the statute stating that the defendant's losses are less than twice among the interrogation protocol of the defendant by the prosecution against the defendant

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine of punishment (to be selected by a fine in consideration of the fact that the defendant has no record of punishment for the same kind of crime and imprisonment without prison labor or heavier punishment, the part of an indecent act, etc., and the amount thereof shall be determined in consideration of the degree of sexual humiliation experienced by the victim, the time and degree of the indecent act

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. As a justifiable act of Article 334(1) of the Criminal Procedure Act of the provisional payment order, a victim, who is the primary witness, has been forgotten with the establishment of a neutral force, as alleged by the Defendant, repeated basic number of rooms, such as the fear of being forgotten.

Even if the defendant is sufficiently speaking, it is sufficient to do so.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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