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(영문) 수원지방법원 2020.02.06 2019고단6042

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the driver of the taxi for business use B.

On September 11, 2019, the Defendant: (a) discovered the victim E (here, 30 years of age) who was drunk while driving the said taxi on the front of “D” in Suwon-si, Suwon-si, which is located in C, while driving the said taxi, and stopped the said taxi, and (b) brought the victim with the phrase “I will am on the front of the vehicle. I will am on the front of the vehicle,” and (c) opened the front door of the victim and flash the victim.

The defendant, while driving the above taxi, was in the residence of the victim who is a destination, was living together with the victim who was on the top of the Ag self-help, kiddd up the victim's left hand, rhyd up the right arms to write the head and shoulder of the victim, hyd out the victim's head and shoulder, hyd the victim with both arms, and hyd off the victim's left part of the part.

At around 05:15 on the same day, the Defendant continued to arrive at a destination, opened a steering door, boomed the shoulder of the victim, let the victim get off the taxi, and let the victim get off the taxi, and tried to use the victim in double arms for the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where the registration of personal information and the conviction of the accused against whom an employment restriction order is issued pursuant to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is finalized, 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

The defendant's age, occupation, and exemption from the disclosure order and notification order;