Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

The sentence of the lower court (the imprisonment for four months, three years of probation, two years of probation, two years of community service order, 120 hours of community service, 40 hours of taking sexual assault therapy, 10 years of employment restriction) is too unreasonable.

Judgment

Although the Defendant, as a taxi engineer, has a duty to take passengers on board and safely operate the taxi to the destination, the crime is very heavy in that the Defendant committed an indecent act by the victim’s hand and bucks, taking advantage of the influence of alcohol by the victim.

The victim seems to have suffered considerable mental pain while being involved in indecent conduct from the defendant in an enclosed space called a taxi in operation.

However, the defendant recognized his mistake and is in profoundly against himself.

The defendant agreed smoothly with the victim, and the victim does not want to punish the defendant.

There is no record of criminal punishment exceeding the same kind and fine for the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is somewhat unreasonable.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again.

【Discied Judgment】 The summary of facts constituting a crime and evidence recognized by the court is identical to the corresponding part of the judgment of the court below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Matters concerning the protection of children and juveniles against sexual traffic who are ordered to restrict employment;