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(영문) 서울동부지방법원 2018.04.13 2017고단2933
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a taxi engineer who operates a private taxi in K5.

On September 10, 2017, from around 07:30 to around 08:30, the Defendant discovered the victim E (one’s name, two-seven years old) boarding the said taxi as a passenger on the front side of the officetel parking lot located in Gangdong-gu Seoul Metropolitan Government (one’s age), found out that he was unlocked under the influence of alcohol, putting the hand into the knife on the knife, cut the knife of the victim, and kid the knife on the knife, and knife the knife.

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes No. 3 of photograph (Evidence No. 3);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., of Disclosure of Disclosure Orders under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the proviso to Article 49(1) and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family relation, motive, method of the crime in this case, consequence and crime, seriousness of the crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of victims, etc. shall not be disclosed).

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant 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, and is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. Application of the sentencing criteria [the scope of recommended punishment] General Standard (subject to 13 years or more) is the mitigated area (or one year or more).

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