beta
(영문) 춘천지방법원 원주지원 2018.07.19 2018고단234

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a taxi engineer driving C, and the victim D (V, 20 years old) is a guest boarding the above taxi.

On August 24, 2017, the Defendant would not collect a taxi fee from the victim who intends to get a passenger from the F elementary school adjacent to the F elementary school located in Sinju City E on August 24, 2017.

In this sense, the victim who was seated at the back seat of the taxi was able to hear the number of the son, and the victim was able to bring the son's hand to the son, thereby making the son's hand fit for the victim's hand, and the victim was forced to commit an indecent act.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Recording recording recording recording recording;

1. The 112 Report Processing List (which asserts that the Defendant did not have dancing with the victim's hand, however, is consistent with the victim's statement (the victim's legal statement is almost the same as the victim's statement at the time of initial police investigation) and it is difficult to find out the defendant's reason or motive that would be disadvantageously false to the victim's statement because it is difficult for the victim to find out his/her reason or motive that would be disadvantageous to others.)

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a judgment becomes final and conclusive on the registration of personal information of Article 186(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering may be achieved.