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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Criminal facts
The defendant is a taxi engineer.
On July 16, 2019, at around 04:08, the Defendant: (a) discovered the victim D (or the name), who was walking at the bus stops near the Seoul subway Line 2, located in Seocho-gu Seoul Metropolitan City, and continuously recommended the victim who refused no charge, to get in the taxi steering room; (b) continued to drive the taxi, and (c) continued to drive the taxi, and (d) continued to drive the taxi, while standing the taxi in front of the Gu E, the Defendant kids by means of gathering the Defendant’s shoulder by hand, and putting the Defendant’s shoulder in a knife at the victim’s body, knife and knife the Defendant’s knife, and forced the victim to do indecent act by force.
Summary of Evidence
1. Defendant's legal statement;
2. Statement made by the police in relation to D;
3. Application of Acts and subordinate statutes governing gene appraisal reports and requests for appraisal;
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
2. Article 62 (1) of the Criminal Act;
3. Article 62-2 of the Criminal Act, Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
4. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information in accordance with the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,
The defendant is under the influence of liquor.