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(영문) 서울남부지방법원 2014.02.18 2013고단2870
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant belongs to Samsung C&C and is a person who operates a taxi for business purpose.

On April 18, 2013, at around 07:50, the Defendant operated C cab and boarded the victim E (n, 20 years of age) in front of the Seoul Gangnam-gu D apartment distance, and continued to run approximately 30 minutes of the victim's house to the Newdong-dong, Yangcheon-gu, Seoul, which is the direction of the victim's house. The victim dived the plastic gambling between the driver's seat and the chief knife under the influence of alcohol and locked the knife, knife the knife of the victim, knife the victim's chest into the knife, with the victim's knife, while keeping the victim's knife into the knife.

The Defendant committed an indecent act by force against the victim until he arrives in the front of Yangcheon-gu Seoul Metropolitan Government, Seoul, a destination.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

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

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed the instant crime in a taxi operated by the Defendant, and the Defendant denies the instant crime, the degree of indecent act committed by the instant crime, the Defendant has no record of the same crime, and the circumstances, means, methods, and results of the instant crime shall be determined as indicated in the Disposition.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

The disclosure order and notification order of registered information may have a significant impact on the defendant.

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