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(영문) 창원지방법원 2017.03.14 2016고단3673
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 22, 2016, the Defendant, as a taxi driver, moved the said taxi within the 111th underground parking lot in the apartment complex B of the same apartment complex on the ground that: (a) the victim E (the 19-year old-old), who was driven by himself at the entrance of the apartment house C, was willing to force the victim to pay the taxi fee after having arrived at the above destination; and (b) the victim was willing to commit an indecent act against the victim; and (c) the victim was forced to pay the taxi fee after having arrived at the above destination; (d) the Defendant moved the said taxi within the 111th underground parking lot in the apartment complex B of the same apartment complex on the ground that the vehicle was coming from the front of the said apartment site; (e) moved the said taxi after going through the body of the victim after going through his seat from his own seat; and (e) going into the back of the apartment site, she put the hand in the buck and panty as used by the victim; and (e) forced the victim’s chest into the victim’s chest.

Summary of Evidence

The application of the police statement report (record recording of a victim's recording file) to the defendant's legal statement E (name) to the defendant's statement

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Punishment of Imprisonment);

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

1. Basic area (six months to two years) of the crime of indecent conduct in the scope of recommended punishment (subject to at least 13 years of age);

2. Four months of imprisonment with prison labor for a decision of sentence (the defendant shall not have any previous convictions or any previous convictions of suspension of execution;

However, considering the circumstances leading up to the crime, the age and degree of indecent act of the victim, the fact that the victim appears to have suffered considerable shock or mental pain due to the crime in this case, and that the defendant did not make a serious effort to recover damage, a sentence is inevitable, and where the judgment on personal information registration becomes final and conclusive, the defendant is in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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