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(영문) 서울북부지방법원 2018.12.20 2018고단2985
강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 12, 2018, around 05:30 on March 12, 2018, the Defendant, at the back seat of the taxi run by the Defendant on the front of the Do located in Gangnam-gu Seoul Northern District, put the knee and part of the victim’s knee and Hebbbbbbbs, which were located in the back seat of the victim F (n, 28 years old). The Defendant committed an indecent act by force on the part of the victim’s sexual organ.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement (victim F is the fact that the victim F was aboard a taxi driven by the defendant at this law and the investigative agency, and he was frighting from the locking, the fact that he was frighting from the locking, the fact that he was frighting after he was found to have been locked, and that he committed an indecent act by putting the victim in his hands again through a frightenma after checking that the victim was locked, and that the defendant committed an indecent act in detail on the part of the specific body part, etc. subjected to the indecent act.

In light of the victim's attitude to make a statement in this court, the victim's statement has credibility.

It can be recognized that the defendant commits an indecent act against the victim as stated in the facts of crime).

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of various circumstances such as the Defendant’s age, occupation, family environment, social ties, risk of recidivism, order for disclosure and notification, and order for restriction on employment, etc., Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and recidivism, the benefit and effect expected by such order, and disadvantage and side effect

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