beta
(영문) 인천지방법원 2016.09.28 2016고단4618

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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 taxi driver, victim D (n, 21 years old) who gets on a taxi operated by the defendant.

On March 16, 2016, the Defendant stated that the victim boarding a bus platform from around 03:50 square meters on March 16, 2016 to the “cick market”:

In spite of the fact that a part of a destination was passed, the front person of Gyeyang-gu Incheon E parked a taxi in the vicinity of the drone, and then the victim was forced to commit an indecent act by force, such as by bringing the victim who was seated at the front of the Choyang-gu, by bringing the victim's hand, and putting the victim's chest under the supervision of the defendant's chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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, and the accused is obligated to submit personal information to a related agency pursuant to Article 4

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

The reason for sentencing is that the defendant is sentenced to imprisonment with prison labor for the defendant on the grounds that he/she commits an indecent act against the victim who is a taxi engineer with his/her own age and is a female female with his/her own age.

However, the defendant.