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(영문) 서울중앙지방법원 2016.12.16 2016고단966

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 5, 2015, the Defendant 19:37, around D in Seocho-gu Seoul Metropolitan Government, 2015, when the victim E (the age of 19) was aboard the back seat of F taxi operation of the Defendant, the Defendant forced the victim to commit an indecent act by force, such as: (a) whether the victim was at least two times in his/her gender relationship; (b) whether he/she was at the age of her gender relationship; (c) whether he/she was at the age of her gender relationship; and (d) whether her body is at the age of her gender relationship; (d) he/she was at the age of her gender relationship; and (e) whether he/she was at the age of her body; and (e) whether she was at the age of her gender; and (e) whether she was at the age of her kne, her knee and re-sing the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. A E-document;

1. Recording notes;

1. 112 Reporting case handling table; and

1. Investigation report (Examination of Suspect's Babbbox) (The victim's statement about the defendant's act, content of damage, shot and response of the victim, and the situation before and after the crime is generally consistent and specific. The victim's special motive to report and make a false statement is not found, and credibility is recognized in light of the victim's attitude to make a false statement in this court) law shall be applied.

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the part and degree of an indecent act, and other consideration

1. When a conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent authority pursuant to

The age, occupation, risk of recidivism, motive and progress of the crime of the defendant exempted from the disclosure order and notification order.