(영문) 부산지방법원 2017.11.27 2017고단3718

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자간(%)

(영문) 부산지방법원 2017.11.27 2017고단3718

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a taxi engineer operating CF K5 taxi vehicles, and the victim - (V, 38 years old) is a female passenger who entered Busan on June 13, 2017.

On June 13, 2017, at around 12:10 on June 13, 2017, the Defendant sought to take the victim into his taxi and enter the frontway of the Busan-gu Busan-gu, Busan-do, the purpose point of which is 13:00 on the same day, to take the victim's gleep, and go through the victim's accommodation, with the victim's knick, and let the victim's knick, knife the victim's knick, knife the victim's shoulder, and let the victim's knick, knife the victim's knick, knife the victim's knife, knife the victim's chest, and knife the victim's chest, knife the victim's chest, and knife the victim's chest, knif the victim's knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police on 8.

1. Application of CCTV Acts and subordinate statutes;

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

2. Article 62(1) of the Act on the Suspension of Execution (the Defendant, who is a taxi driver, was charged with a charge higher than a prescribed doping to find out the destination of a victim who is a Japanese tourist who is well aware of the fact of the crime as indicated in the judgment, and at the same time committed an indecent act against the victim in an elevator. In light of the background of the crime and the method by which the crime was committed, the liability for the crime is not easy.

In addition, the circumstances after the crime are not good, such as consistent reasoning on the process of prosecution up to this court.

However, the degree of indecent act is not much severe, and it is not only once fine is imposed.

참조조문

-형법 제62조 제1항

-형법 제298조

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