beta
(영문) 수원지방법원성남지원 2020.12.22 2020고단1243

강제추행

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a driver of D Bus who arrives at the closing point of "C University" located in Gwangju City through the "C University Transfer Parking Lot" located in Songpa-gu Seoul Metropolitan Government, and the victim E (a name, leisure) is a passenger of the aforementioned bus.

At around 01:30 on January 29, 2020, the Defendant: (a) shouldered the victim under the influence of alcohol in the above C University’s parking lot; and (b) took the victim on the FFD car quantity owned by the Defendant; (c) put the victim on the victim on his hand; (d) put the victim on the victim’s buckbucks inside the bucks of the victim being fastened with the safety labelling at the top of the above C University; (c) made the victim’s bucks in hand; and (d) continued to drive the said car amount, even after having arrived at H at the entrance of G apartment at the G apartment at the time of Gwangju, the Defendant committed an indecent act by force, such as forcing the victim’s bucks by hand, and making the victim dance by force.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the statement of the defendant in the police station to the defendant's court statement (the second trial date) E;

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation Orders and

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act; and Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant is a person subject to registration of personal information, and thus, is obligated to submit personal information to a competent agency pursuant to Article