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(영문) 의정부지방법원 고양지원 2013.11.22 2013고단1664
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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, as a taxi engineer, was driving the victim C (V, 25 years old), who is a passenger, in the 2nd exit of the fire-fighting zone of Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone, and was operated as E- shopping in Gyeyang-gu D in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul.

On May 12, 2013, at around 00:16, the Defendant: (a) went into the said E shopping; (b) and (c) led the victim to a sudden desire to sleep behind the head of the taxi; (d) committed an indecent act by force against the victim in a state of mental disorder, such as: (a) parked a taxi in the F apartment park parking lot adjacent to the F apartment, and return to the driver’s seat after being seated; and (b) putting the victim’s hand into the raging area where the victim was suffering; and (c) putting the victim’s hand into the raging area where the victim was suffering

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. C’s statement;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes to investigative reports (report on the details of telephone communications by victims);

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting the crime, the choice of imprisonment (the circumstances and degree of the indecent act in this case, the denial by the investigative agency of the crime, the unagreement, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (All the circumstances shown in the record, such as the fact that the defendant is led to confession in this court, the fact that the defendant has no past record of punishment and has no previous record of punishment, the fact that he has to support his family, etc.);

1. Where a judgment becomes final and conclusive to submit personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall be 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 shall be obligated to submit personal information to the head

The order of disclosure and notification of registered information about whether or not to issue an order of disclosure or notification of registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, the defendant is the defendant to some extent only by registering personal information.

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