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(영문) 서울북부지방법원 2014.05.23 2014고합36

강간미수등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around 04:50 on January 4, 2014, the Defendant: (a) around the Sungdong-gu, Seongdong-gu, Seoul, attempted to take cash located on a wall to the victim, and (b) tried to take the victim into custody of the victim, who is a passenger of D taxi operated by the Defendant, to force the victim E (the victim, who is 18 years of age, FF) to commit indecent act; (c) the victim saying, “I wish to take away the cash that is located on the wall, including what he would be, and how you will take once every month, and how you will take a gift,” and, at the same time, I want to take it into custody of the victim; (d) there was no delivery of the victim so that the victim might not escape; and (d) moved the taxi on the north side of the Sungdong-gu, Seoul; and (e) let the victim sit the victim first, and (d) let the victim sit on the wall, the victim “an indecent act” with the thickness of the victim “an indecent act.”

2. At around 04:30 on January 11, 2014, the Defendant: (a) requested the Victim G (V, 25 years of age, and H) who was a passenger of the said taxi operated by the Defendant, to “N’s defect in lighting” and requested the Victim G (V, 25 years of age, and H) who was a passenger of the said taxi operated by the Defendant; (b) however, there was no delivery to the victim so that the victim could not escape as the victim refused it; and (c) forced the victim to move the taxi on the road of the Southern TWn as far as possible on the road of the Southern TWn, where the victim could only move the taxi to the chief lighting; and (d) committed an indecent act by forcing the victim to force him.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E and G's respective legal statements;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the aggravation of concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated increase of concurrent crimes concerning victim E with heavy penalty);

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