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(영문) 서울남부지방법원 2013.11.29 2013고단3081
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

A defendant takes 80-hour course necessary to prevent recidivism of sexual crimes.

Reasons

Punishment of the crime

(A)The Defendant is a person working in C as a taxi engineer.

1. The Defendant, at around 03:20 on September 11, 2013, committed indecent act by compulsion, the Defendant: (a) committed indecent act by force against the victim who was under the influence of alcohol by burning the victim F (18 years of age, n) into the back seat of the string seat of the taxi in Geumcheon-gu Seoul Metropolitan Government; (b) was sexual desire to take the victim’s home care of the victim in front of G; and (c) was fluent due to the fear that he was able to take a more place in a taxi article and a stop in the taxi at the latest at night; and (d) was flusent by taking the victim’s hand and bucks several times to commit indecent act by force.

2. At the time under Paragraph 1, the Defendant detained the victim on the part of the victim in the vicinity of his residence in Geumcheon-gu Seoul Metropolitan Government, by committing the act such as Paragraph 1, the defect that the victim intending to fright from a taxi with a charge and to get out of the taxi due to his behavior such as Paragraph 1, and the victim was unable to get out of the taxi for about 10 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, H and I;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statements made to F, H and I;

1. Articles 298 and 276 (1) of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, the Defendant, at around 03:20 the new wall time, expressed his/her intention to refuse to commit an indecent act by committing the instant crime, and the Defendant, a young female passenger on the ground of his/her cab, sent his/her cab to the victim several times, bucks and rhumbbbs, and the victim will be subject to another additional crime by preventing the victim from getting off the cab.

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