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(영문) 광주지방법원 2016.06.10 2016고단427
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On October 23, 2015, the Defendant committed an indecent act by force: (a) committed an indecent act in front of the DNA apartment commercial building located in Gwangju Northern-gu, Gwangju, and (b) committed an indecent act against the victim F (the age 21) who was receiving a road training and education from the Defendant on the drive vehicle during this stop, and (c) who was on the driver vehicle, and (d) who was able to cover the victim’s hand on his hand, and was shaking the victim’s hand; (b) committed an indecent act by cutting down the victim’s hand and cutting down the victim’s hand and cutting down the victim’s hand.

2. Violation of the Road Traffic Act;

(a) Any person who has not registered a driving school shall be prohibited from conducting driving education for automobiles at a price;

Nevertheless, on October 22, 2015, from around 10:00 to 12:00 on October 22, 2015, to around 10:00 of the same month, from around 10:0 to 12:00 of the same month, the Defendant received 2.50,000 won from F using a car owned by the Defendant at the Handong-dong, Seo-gu, Gwangju.

(b) No person who has not registered a driving school shall make any indication similar to a motor vehicle for driving on the road, such as a driving school owned or leased by him/her;

Nevertheless, the Defendant, at the same date and time as above, operated a vehicle owned by the Defendant with an indication of “specialized driving school” on the basis of test color on the front side yellow, using a similar indication as a vehicle for driving on the road in a specialized driving school.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the public prosecutor and by the police in the F;

1. Statement of registration certificate;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. Relevant Article 298 of the Criminal Act concerning the crime, Article 298 of the choice of punishment, Article 150 subparagraph 6 of the Road Traffic Act, Article 116 subparagraph 1 of the Road Traffic Act (a point of education without registration), Article 152 subparagraph 6 of the Road Traffic Act, and Article 117 (2) of the Road Traffic Act (a point of use of similar name) shall be punished by imprisonment.

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