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(영문) 서울남부지방법원 2014.05.07 2014고단504
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a cab.

At around 12:10 on December 4, 2013, the Defendant: (a) driven the said taxi as the Olympic Games near Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; (b) was under the influence of alcohol by the victim E, who was on board the back seat of the said taxi, was under the influence of alcohol; and (c) transferred the said taxi to the back seat, and then transferred the said taxi to the back seat on several occasions on the part of the victim’s body, such as the victim’s entrance, putting the said taxi into the back seat, and putting the victim’s chest into the victim’s chest, and 20 minutes by force.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Application of Acts and subordinate statutes to the data on the GPS on the day of committing a crime committed by Defendant-Running taxi, details of confirmation of victim mobile phone location, response to requests for cooperation in investigation affairs, investigation reports (the analysis of taxi GPS);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. The sentencing grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, although there are favorable circumstances, such as that the Defendant has no record of punishment except that sentenced to a fine due to drinking driving in 2000. In light of the background, place of occurrence, degree of indecent act, etc. of the instant crime, the crime is inferior; the Defendant does not deny the crime; the victim expressed his/her intent to punish the Defendant; the victim expressed his/her intent to punish the Defendant; and all other sentencing conditions, such as the Defendant’s age, character and conduct, family environment, etc.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant shall be subject to special cases on the punishment, etc. of sexual crimes.

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