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(영문) 부산지방법원 서부지원 2019.10.17 2019고단253
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a private taxi driver, and the victim B (23 years old) is a passenger of a taxi operated by the defendant.

The defendant boarded the victim as a customer in Busan Nam-gu C, and stopped in front of the Empt in Busan-gu, Busan-gu.

At around 02:20 on September 27, 2018, the Defendant paid a taxi fee in front of the Maart, and committed an indecent act against the victim by forcing the victim by putting him/her into a kiscing to the drafting of the victim, putting him/her into a kisc, kis, kis, kis, kis, and kiscing the body of the victim, and forced him/her to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to 112 Report List);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The judgment of conviction is based on the facts constituting the crime of registering personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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