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(영문) 대전지방법원 2018.08.09 2018고단1404
준강제추행미수
Text

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

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

Reasons

Punishment of the crime

On January 2, 2018, the Defendant: (a) around 01:10, on the top of the Seo-gu apartment complex B, Seo-gu, Daejeon, that he was on board the back seat of the victim D (n, 18 years of age) that he was on board the back seat of the cab, and (b) considered that the victim was locked into the back seat of the victim; (c) added the victim’s her panty inside the panty, and tried to keep the victim her her am and her am, and rhyd up to the sound.

However, the victim previously heard the cell phone Belgium and locked, and the defendant was able to keep unlocked, and the defendant was able to think that the defendant's hand would no longer be able to see the defect in order to see the sound.

Accordingly, the defendant knew that the victim was divingd in the state of her being locked, and attempted to commit an indecent act by using it, but he did not commit an attempted act because the victim was broken out in diving.

Summary of Evidence

1. Legal statement of the witness D;

1. Investigation report 1. Investigation report on D, related photographs, investigation report (Scambling video analysis), taxi boom image CDs, investigation report (Scambling video CD confirmation report) operated by a person under his/her own jurisdiction / [the defendant and the defense counsel have a fact that the defendant was scam of the victim's He/she was scaming to the victim's He/she was scam in order to save the victim who was scamed on the back seat of the taxi at the time of the instant case, but there was no fact that the victim committed an indecent act on the part of the victim's scambling, or attempted to scam on the side of the resistance, and there was no intention to conduct the scambling.

The argument is asserted.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., (i) the victim has consistently stated in the investigative agency and this court the Defendant’s indecent act in this case, before and after the commission of the crime, and the circumstances leading to the police. The victim is operated by the Defendant.

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