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(영문) 서울동부지방법원 2016.10.28 2016고단2546
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On April 21, 2016, the Defendant, at the Seoul Eastern District Court, sentenced two years of suspended sentence to imprisonment for one year for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the judgment became final and conclusive on April 29, 2016.

【Criminal Facts】

At around 06:40 on February 27, 2016, the Defendant: (a) on the way near the D Electric Station located in Mapo-gu Seoul Metropolitan Government, the Defendant: (b) confirmed that the Victim F (the name, the son, and the 21-year old age) was in the E-business taxi operated by the Defendant, and moved the Victim F (the son, the son, and the son) to the Dong-dong, Gangnam-gu, Seoul, the destination of which was located; (c) confirmed the Victim’s depth through the studler according to the Gangnam-gu, Gangnam-gu, Gangnam-gu, Seoul; and (d) got off the ice arm while driving the vehicle, and gets off the bridge of the son, and turned the son part above the son as the son’s floor.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (second time);

1. Part of the police statement concerning F;

1. Investigation report (to hear the victim's F telephone statement);

1. The report on internal investigation (the specification of the chairs);

1. Before judgment: Application of criminal records and investigation reports (verification of the fixed date of judgment) Acts and subordinate statutes;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The crime of this case, which failed to apply the sentencing criteria, is not applicable to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against which the judgment became final and conclusive, and the latter concurrent crimes of Article 37 of the Criminal Act.

2. The defendant, who had been accused of the crime of this case, committed the crime of this case without having been engaged in an investigation by an investigative agency, even though he was already prosecuted due to the same crime of this case, and the defendant, who had been a taxi engineer at the time of the crime of this case, is a passenger.

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