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(영문) 대전지방법원 2014.07.09 2014고단1234

강제추행

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a private taxi.

On March 21, 2014, the Defendant: (a) on the taxi platform of the Yongsan-dong Daejeon Complex Terminal, Daejeon-dong, Daejeon; (b) on March 21, 2014, the Defendant occupied the victim D, a Korean national residing in China, who entered the Republic of Korea to undergo training in Korean language; and (c) exchanged the victim with the background leading the victim to the Republic of Korea.

On March 21, 2014, the Defendant, around 21:40, tried to pay taxi expenses at the 88 wood University parking lot in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, Seo-gu, to take the victim's face, to take the victim's face, to take the victim's face, and to take the victim's face into custody.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 head of a competent police agency

In light of the Defendant’s age to be exempted from disclosure or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., it is determined that there are special circumstances that may not disclose or notify personal information. Thus, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(