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(영문) 서울동부지방법원 2014.05.16 2013고단2639
강제추행
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

On March 8, 2013, the Defendant: (a) on March 8, 2013, on the street near the piling Park Park in Seongdong-gu, Seongdong-gu, Seoul; (b) carried the victim B (at 19 years of age) and stopped in the vacant lot located near the subway station in the Han River Station, according to the direction of the victim.

After that, the defendant recommended the victim who dries snow water to have the right to tobacco and move to the front place of the taxi, operated the knish victim by driving his vehicle, moved his vehicle into the knish, and reconcing it into the knish village via the knuribuk, through the Olympic Winter, through the Olympic Winter, and reconcing it into the Olympic Winter, through the knish line, the knish line, the knish line, and the internal circulation road, as the Do Do Do Do Do do Do Do Do Do do do do do do do do do, the knb, the b

The Defendant, as such, committed indecent act by compulsion on the victim in a taxi in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the police of the victim (1, 2 times);

1. The written statement of the victim, the written complaint, and the written opinion of sexual assault case [the defendant only limited to the victim's grandchildren, etc. and the chest of the victim's chest, and the victim's chests are not written. However, according to each of the above evidences, the defendant's argument is not accepted, since the fact that the defendant met the part of the victim's chests is sufficiently recognized, it is not accepted.

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16(2) and (3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply) on Probation, community service, or order to attend a lecture [the scope of recommending punishment]: The general standard is that there is no basic area (one-six months to two years of imprisonment) of the crime of indecent act by compulsion (subject to the age of thirteen) (subject to the age of thirteen): [decision of sentence] No person who has suffered considerable mental damage due to the instant crime.

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