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(영문) 인천지방법원 2015.06.17 2015고단2085
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 20, 2015, at around 22:20, the Defendant committed an indecent act on the part of the victim, on the part of Incheon, by forcing the victim to commit an indecent act against the victim while boarding the taxi operated by the victim C (Woo, 48 years of age) in the vicinity of Yeongdeungpo-gu Seoul Metropolitan City, and by forcing the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to 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;

1. Where the conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that constitutes a sexual crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to disclosure notification order, prevention and effect of sexual crime subject to registration that can be achieved therefrom, protection effect of victims, etc., no order to disclose or notify personal information is issued to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The area where the sentencing criteria are applied (the range of recommending punishment) and the crimes of indecent act by compulsion by force during the period from one month to one year are mitigated;

2. As to the instant crime, the Defendant committed an indecent act on several occasions on board the taxi and driving articles for about 30 minutes on board the taxi, and the nature of the offense is not good.

Therefore, the sentence of imprisonment is sentenced.

(b).

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