강제추행
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 29, 2018, around 01:25, the Defendant was on the front line of the “C” located in B of the Chungcheongbuk-si, Chungcheongnam-si, the Defendant was on board as a customer at the top of the taxi operated by the victim D (the age of 59). The Defendant rhumbbbbbs for the victim to ask for destination, and rhum for the victim by hand. The victim’s humbbbs for the victim’s humbs.
In other words, even if refused, the victim's right chest of the victim was forced to commit an indecent act by force, such as moving the victim's right chest by hand once, and taking the shoulder and pos of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the Acts and subordinate statutes governing black boxes and video CDs;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Where an disclosure notification order, Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, Article 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1) proviso (i) of the Act on the Protection of Juveniles from Sexual Abuse, Article 56(1) proviso of the same Act (it takes into account various circumstances, such as the content of the crime, risk of recidivism, the age of the defendant, family environment, social relationship, profits and preventive effects expected from the employment restriction order of the disclosure notification, and disadvantages and side effects therefrom, and the registration of personal information and the conviction against the defendant becomes final and conclusive, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 42(1) of the same Act.
Reasons for sentencing
1. The sentencing guidelines [Scope of the recommended punishment] general standards: One month to one year in the mitigated area (one month to one year in general) of the crimes of indecent conduct committed by force (subject to at least 13 years of punishment). (Special mitigated persons)
2. The decision on confession of sentence, the circumstances leading to the crime, and the degree of prosecution; and