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(영문) 서울남부지방법원 2019.08.16 2018고단2958
준강제추행
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a private taxi driver B, and the victim is a passenger.

Around 23:40 on February 15, 2018, the Defendant: (a) was under the influence of alcohol in front of the new village located in Mapo-gu Seoul, Mapo-gu, Seoul; (b) the Defendant was driving in the direction of a criminal stream in which the Defendant was driving on B individual taxi operating in the direction of the panion in which the Defendant was carrying on the back of the back seat; (c) the victim was under the influence of alcohol; and (d) on February 16, 2018, between 00:0 and 00:24, the Defendant stopped the said taxi at an influorous place beyond the inner breath of the city in Mapo-gu, Seoul; (d) the victim was under the influence of alcohol, she was fluened with snow, she was under the influence of alcohol, she was able to put the victim who was sitting on the right side of the back seat into the panty of the victim; and (d) the victim’s her panty part into the victim’s finger.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's non-fluence or mental condition.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement of the police statement concerning C (tentative name);

1. Each report on investigation;

1. 택시이용카드 사용내역, 피해자가 그린 피혐의자의 몽타주, 피해자 택시하차 시점, 피해자의 국민은행 입출금 내역 사진 등, 피의자의 얼굴사진, 피의자의 차량 및 내부 사진, 부착끈끈이 사진 2부, 영수증, 친구들과 대화했던 카카오톡 대화사진, 피해자의 어머니에게 전화왔던 통화 기록 내역, 사진 법령의 적용

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), and Article 15452 of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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