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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 of the final judgment.
Reasons
Punishment of the crime
On January 16, 2015, the Defendant: (a) around 16, 2015, while driving a C cab with the victim B (here, 26 years of age) who is a passenger; and (b) had the victim locked and had the victim committed an indecent act.
The Defendant, while driving the said taxi in Dongjak-gu Seoul Metropolitan Government, putting the victim’s bucks, rhumbucks, and rhumbucks, knife the victim’s chests with titts, and continuously knife them into panty, and knife the victim’s knife into panty.
Accordingly, the defendant committed indecent acts by taking advantage of the victim's state of impossibility to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement No. B
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the effect of the disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall determine that there are special circumstances under which the disclosure or notification of personal information shall not be ordered pursuant to the proviso of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the court shall not issue an disclosure order or notification order to the Defendant.
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.