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(영문) 청주지방법원 2017.05.31 2016고단2748
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

The defendant is a taxi engineer who drives CK5 taxi.

On September 25, 2016, around 02:15, the Defendant: (a) taken off from a taxi on the street of D apartment in the petition-gu Cheongju-si, the victim E (n, 22 years of age) who was a passenger boarding the said taxi, according to the victim’s defect in the street while under the influence of alcohol; (b) taken off from the taxi to the taxi on the road; and (c) cut off the victim’s nose and boomed the victim with the stop; and (d) taken the victim’s milch with the victim’s suck.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

The defendant's partial statement F of the witness F's statement in the police's statement document booms video CD (the defendant had no intention to commit an indecent act because he was in contact with the victim's chest during the process of inducing the victim's loss.

However, according to the statements of the victim and the black video CD directly examined in this court, the defendant was aware that he had the victim's chest with his intention to commit the act.

applicable laws and regulations

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

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

3. The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] is the general standard for sentencing, and the basic area (6-2 years to 13 years or more) of the crime of indecent act by force is the basic area (the general indecent act by force) / [decision of sentence] the defendant does not reflect the crime, the victim wishes to punish the defendant, and the defendant is also subject to criminal punishment.

However, the execution of imprisonment is suspended by examining the fact that the defendant has no record of criminal punishment for a sex offense, the degree of conduct, the circumstances of the crime, and the seriousness of the crime, but the protection and observation is ordered to prevent recidivism.

Where a conviction against a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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