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(영문) 인천지방법원 2016.06.15 2016고단1442
강제추행
Text

A defendant shall be punished by imprisonment for a period of five 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

피고인은 2015. 9. 22. 12:20 경 인천 남동구 C에 있는 D 학교 앞길에서 자신이 운행하는 E 택시 조수석에 피해자 F( 여, 20세 )를 승객으로 태우고 목적지인 인천 남동구 G에 있는 H로 가 던 중, 피해자에게 “ 피부가 참 하얗다, 어쩜 이렇게 하얗니,

With the words such as "Fluxa", the part was sent to the victim's hand from the hand to the elbow of the victim, as the person in charge of several times.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of witness F;

1. The statement made by the police with F with the intent that the Defendant was involved in an indecent act such as an indecent act committed by the Defendant and the victim, although the Defendant, while carrying the victim on board, was involved in the crime that the victim was multiplied by the skin or was charged with the parent with the care of the victim, and the Defendant and the victim met with the intent of the victim.

DaNN

However, there is no doubt that the victim made a concrete statement in the investigative agency and court about the form of crime and the circumstances before and after the crime, and that the statement is false.

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 community service order under Article 62-2 of the Criminal Act;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 4

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, prevention and effectiveness of sexual crimes that can be achieved by the disclosure notification order, disadvantage of the defendant, etc. shall be considered.

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