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(영문) 부산지방법원서부지원 2020.08.20 2020고단624
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On December 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes, around 00:41, 201, the Defendant boarded a C-cab driven by the victim B (the female, 59 years old) in front of the Seocho bus Terminal located in the Busan trigramal Act, and demanded the victim to go to the Busan Doo-gu D-dong. The victim was able to take her hand while driving a taxi on his port under the influence of alcohol while driving the taxi in the said D village, and again she gets the victim to take her hand by taking the victim's hand on his/her own hand.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. Around 00:57 on December 22, 2019, the Defendant attempted to drive a taxi without paying the taxi expenses in front of the Busan Seo-gu Ethalian Ethy, and the said victim, who was unable to get off the Defendant’s clothes, was faced with the victim’s hand, who was under the Defendant’s clothes, and was flaged by 3 to 4 times the victim’s chest with his left hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Blockbox photographs;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes to a report on investigation (Analysis of the contents of black stay images and dialogues);

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, Article 298 of the Criminal Act, and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of driver or assault and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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