(영문) 창원지방법원 마산지원 2016.09.07 2016고합65

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(영문) 창원지방법원 마산지원 2016.09.07 2016고합65

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 04:00 on April 23, 2016, the Defendant: (a) moved the victim D, a passenger, to a destination, from the head of the Cyna-si si that was operated by the Defendant on the front side of the Dog Line of Changwon-si on April 23, 2016; (b) thought that the victim did not receive a taxi expense from the victim that he would not receive a taxi expense; (c) had the victim be forced to commit an indecent act by force; and (d) had the victim’s chest "Wkk kk kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb kb k on the part of the victim.

As a result, the defendant committed indecent acts against the child or juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A report on internal investigation (Attachment of photographs of a place of crime), internal investigation report (limited to attachment of digital evidence analysis report and extraction photographic file CDs), digital evidence analysis report, CDs, results of analysis, investigation report (the confirmation of the victim's age);

1. Determination on the assertion of the defendant and his/her defense counsel in one on-site photograph and three copies of photographic materials

1. The gist of the assertion was that the victim was a juvenile at the time of committing the crime.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, the Defendant, at the police station, stated, “the victim’s resident registration number and contact number was entered into his own cell phone after stopping the taxi in front of the relay-dong intersection due to the absence of the balance of the victim’s card.” In the prosecutor’s office, the Defendant stated that “the victim was aware of the fact that he was 98 years old when he verified the victim’s identification card because he did not have the victim’s credit transfer, and that “the victim was aware of the fact that he was the victim’s age was 98 years old at the time of the crime of this case.”

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