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(영문) 의정부지방법원 2017.06.22 2017고정954
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a taxi passenger, and the victim B is a taxi driver.

On January 19, 2017, around 00:03, the Defendant committed an indecent act by force against the victim B (52 taxes, remaining, and returned home on the back seat of the D taxi driven by the victim B (52) at the south-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes governing taxi booms and video printed materials;

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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program [the summary order in the instant case did not impose an order to complete program on the Defendant, and only the Defendant requested a formal trial, no order to complete program may be imposed in accordance with the principle prohibiting disadvantageous changes under Article 457-2 of the Criminal Procedure Act (see Supreme Court Decision 2015Do11362, Sept. 15, 2015, etc.)]

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of a new information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (it takes into account the details of the crime in this case and the fact that the principle of prohibition against disadvantageous alteration is applied in cases where a request for formal trial is made only by the defendant), 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

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