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(영문) 서울중앙지방법원 2012.08.09 2012고합697
특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 1, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (for-profit abduction, inducement, etc.), on the road in Jongno-gu Seoul, Jongno-gu, Seoul, driving a DNA NFnata taxi and waiting for passengers, carried the victim E under the influence of alcohol (21 years old) onto the back seat. On the same day, around 02:30 of the same day, the Defendant moved to the front door of the Seoul National University located in Dobong-gu, Seoul Special Metropolitan City. However, on the other hand, the victim was under the influence of alcohol and was able to have sexual intercourse with the victim’s human resources by driving the said taxi.

Accordingly, the defendant has kidnapped the victim by taking advantage of the victim's state to resist, so as to have sexual intercourse.

2. From May 1, 2012, around 02:30 on May 1, 2012, the Defendant, as mentioned in the above 1., was driving the victim on the back seat of the taxi, with his/her own seat, and driving the victim on his/her own free will, from May 1, 2012, to the back of his/her taxi, to the back of his/her taxi, to the back of his/her seat located near the Yong-gu, Seoyang-gu, Seoul Special Metropolitan City.

Accordingly, the defendant detained the victim about 33 minutes.

3. On May 1, 2012, at around 03:03, the Defendant stopped the taxi at the back of the Yongyang-gu F, Yangyang-gu, as described in the foregoing 2. On the back of May 1, 2012, the Defendant: (a) cut off the taxi at the back of the victim’s back located on the lower seat of the said taxi; (b) 30,000 won in cash at the back of the victim’s bank; (c) 1 copy of the Korean bank body ck card; (d) 1 copy of the Korean bank ck card; and (e) 4,80,000 won in the market price owned by the victim.

Accordingly, the defendant stolen the victim's property.

4. The Defendant, at the time and place set forth in the above 3.3. At the victim’s location, the Defendant, who was seated next to the victim of the above cab seat, she would be out of the string and panty of the victim, and she would be out of the string, and the victim would have pushed down the Defendant, opened the cab, and escaped.

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