beta
(영문) 서울북부지방법원 2019.01.11 2018고단2839

강제추행등

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced to imprisonment with prison labor for four months and two years of suspended execution for the crime of obstruction of performance of official duties on April 27, 2017, and for the same year.

5.5. The above judgment becomes final and conclusive and is still in the period of suspension of execution;

【Criminal Facts】

1. Indecent acts by compulsion;

A. On February 11, 2018, at around 01:50, the Defendant: (a) taken the front of the Seo-gu Daejeon, Seo-gu, Daejeon; (b) taken the front of the ELF rocketing taxi operated by the victim D (34 years of age); and (c) reached the front of the same Gu F apartment, the Defendant stated that “the Defendant is immediately harmful to the operation of the Defendant,” and (d) took part in the victim’s sexual intercourse with the victim’s own hand.

B. On February 11, 2018, around 02:10 on February 11, 2018, the Defendant: (a) operated the Heal distance in front of the Daejeon Pung-gu G, the Defendant called “driving immediately hump” to the victim; and (b) fump of the victim’s sexual flag by hand.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an indecent act against the victim at the time and place set forth in paragraph 1(a) as above, the Defendant abused the victim, who is a driver of a motor vehicle, by taking the victim’s hand, etc., who is a driver of a motor vehicle, by taking the victim’s kniter, etc., even though the victim prevented him from having his hand off, and by taking the victim’

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Investigation report (to listen to the recording of taxi booms);

1. 112. List of reported cases;

1. Side photographs of the victim's assault;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The instant crime committed on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.