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(영문) 서울중앙지방법원 2017.04.14 2017고단219
강제추행
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver who drives a taxi for business purpose C, and the victim D (V, 27 years old) is a guest of the above taxi.

On November 25, 2016, around 02:52, the Defendant: (a) paid a charge with a credit card from the injured party seated on the rear seat in the instant taxi parked on the front side of the 855-year old fake apartment, and (b) paid the charge to the injured party; and (c) said, the Defendant forced the injured party to commit an indecent act by putting the injured party into line with the left side of the injured party.

Summary of Evidence

1. Statement by the defendant in court (the second public trial date);

1. Each police statement protocol with respect to D (tentative E);

1. A copy of the payment letter of taxi expenses;

1. The application of the F message content and G posted legislation;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The circumstances after the crime are not good, such as denying the crime by an investigative agency for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and treating the victims as mentally ill persons.

However, in this court, the sentencing conditions specified in arguments, such as the defendant's age, sex, family environment, and circumstances before and after the crime, can be determined by taking into account the fact that all of the errors appear to be against the defendant, that there is no criminal record or heavy criminal records, that there is no serious degree of conduct, and that the degree of conduct is not serious.

Where a conviction becomes final and conclusive on a criminal fact stated in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, details and motive of the crime, and crime shall be exempted from the disclosure order and notification order.

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