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(영문) 서울남부지방법원 2018.10.31 2018고단2464
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver of a taxi for business purpose D, and the victim E (the age of 21) was a guest who was aboard the taxi for business purpose.

On April 30, 2018, the Defendant: (a) around 21:13, the Defendant was a victim before G Station in Guro-gu Seoul Metropolitan Government F, who was living in the direction of H, Gangseo-gu Seoul Metropolitan Government H, the purpose of which is to move the victim to the said taxi; (b) whether the Defendant “a male-child” is the victim;

Loves, whether or not they were read;

male-friendly dial-a-a-law;

섹스 했을 때 기분은 어 땠냐

It is necessary to ask questions, such as "," and the victim who is frithm "any person who is frithm."

“A projected area” after visiting the body from the defective driver’s seat to the victim.

“In doing so, the victim’s left side part of the buckbuck bed several times to sound on the day.”

Accordingly, the defendant forced the victim to commit an indecent act against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. According to the consistent and detailed statement from the victim's investigative agency to this court, it is sufficiently recognized that the victim was forced to commit an indecent act as stated in the judgment of the defendant.

It cannot be readily concluded that the victim’s statement is false solely on the ground that the victim explicitly resisted the defendant at the time of the instant case or did not request stopping and rescue (in the taxi in operation, question is whether the victim can expect it to be the victim within the taxi in operation). The application of Acts and subordinate statutes shall apply to the victim’s statement.

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The judgment that is a sex offense subject to registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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