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(영문) 광주지방법원 2018.09.12 2018고단1399

준강제추행

Text

A defendant shall be punished by imprisonment for 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.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a DNA taxi belonging to C.

On October 22, 2017, at around 04:30, the Defendant, under the influence of alcohol on the roads located in the high-class Dong in Gwangju Mine-gu, Gwangju (the age of 26) around 04:30, the Defendant: (a) was living in front of the said apartment house while he was living in the apartment located in the Seo-gu, Gwangju, where he was scheduled to serve as a customer; (b) opened the above taxi at the driver’s seat and opened the back seat and was fright up the victim who is unable to keep his body properly under the influence of alcohol; (c) opened the left hand into the inside of the damaged person’s upper part; (d) opened the victim’s breast part; (e) opened the victim’s upper part of the taxi in the direction opposite to the said taxi; (e) opened the back part of the victim’s finger; and (e) opened the back seat into the lower part of the taxi; and (e) opened the victim’s chest and the part on the chest.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes are disadvantageous to the fact that the degree of indecent conduct on the grounds of sentencing is not mitigated.

The punishment as ordered shall be determined by fully taking into account the following circumstances: the defendant's mistake and reflects, the same kind of criminal record, the victim does not want to be punished against the defendant under the agreement with the victim; the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., and the various sentencing conditions specified in the process of the trial, such as the records and circumstances of the crime

Judgment that is a sex offense subject to the registration and submission of personal information.