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(영문) 춘천지방법원 강릉지원 2014.10.23 2014고단780
강제추행
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an article that drives B taxi.

At around 04:00 on August 14, 2014, the Defendant: (a) took the victim C (the 23 years of age) in the vicinity of a terminal located in the valleydong in the East Sea; (b) took the cab of the Defendant into the si in Youngdong Highway Incheon in order to move to the Sungnam-si, the destination of which is the city; (c) took the vehicle into the E shelter located in the Dong-dong Highway at around 06:10 on the same day; and (d) made it possible for the Defendant to forcibly commit an indecent act by force the victim by getting out the knife to the knife of the knife by getting out the knife of the knife of the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes in writing C;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. In light of the fact that the defendant trusted the defendant who drives a taxi for the reasons of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by indecent act by force, and committed the crime of indecent act by force against the victim, etc., the crime is not good, and the defendant seems not to have considerable mental damage due to mental harm due to the fact that the defendant is aware of the crime of this case and suffered while going to the destination, and the defendant seems to have committed the crime of this case by force in light of the fact that the crime of this case is committed at the time of the crime of this case, and that the victim is getting aboard the destination, the defendant seems to have committed the crime of this case by contingency, and that there is no criminal record other than the punishment of fine of KRW 300,000 due to the violation of the Road Traffic Act, the punishment shall be determined by comprehensively taking into account the defendant's age, character and behavior, family environment, circumstances of the crime, means

When this judgment becomes final and conclusive, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.

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