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(영문) 의정부지방법원 고양지원 2016.08.10 2016고단1597
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 24 hours.

Reasons

Punishment of the crime

The defendant is a commuting bus driver who operates the Incheon Airport and Mountain Villages, and the victim D (V, 30 years of age) is a passenger commuting to and from the workplace using the above commuting bus.

On March 18, 2016, the Defendant: (a) confirmed the absence of any other passengers other than the victim in the instant transit bus that passed the long distance of the conversation located in the Seo-gu Incheon Metropolitan City, Seo-gu, Seoyang-gu on March 18, 2016; and (b) temporarily used the gap in which the bus stops in accordance with the stop signals, the Defendant satisfe the shoulder of the victim with only one hand, and satch of the victim with one hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order: The defendant, who is a shuttle bus driver who had relative many passengers, committed an indecent act against the defendant who had committed an indecent act against his/her will; and the victim attempted physical contact that the defendant does not want to do so from time to time in the past.

In a case where a conviction is finalized on the criminal facts stated in the judgment that are a sex offense subject to registration and submission of personal information, taking into account the following factors: (i) the defendant's age, occupation, sex, family relationship, motive, means, consequence, etc., and all the sentencing factors indicated in the records, such as the defendant's age, occupation, sex, family relationship, motive, means and consequence of the crime, etc., the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, he is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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