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(영문) 부산지방법원 2020.04.08 2020고단400

강제추행등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 19) are the motives of attending the same department as C University.

1. Indecent acts by compulsion;

A. On May 1, 2019, the Defendant: (a) at the lecture room of the F of the above University located in Busan, Busan, on May 4, 2019, the Defendant laid down three times the Defendant’s shoulder with the victim’s hand, who was seated next seated and was able to sit up; and (b) the Defendant broken the victim’s shoulder by a sudden entry.

B. On May 24, 2019, while waiting to commence classes at the same place as before the P.M. on May 24, 2019, the Defendant was unable to cut down the victim’s bucks where he was seated beside him.

C. On June 2019, the Defendant got off the victim’s buckbucks which were seated by the victim himself/herself at the time of leaving the p.m. in the same place as before and after the end of the p.m. in the middle of 2019.

Accordingly, the defendant committed an indecent act on three occasions.

2. Around 12:00 on May 27, 2019, the Defendant used the meals with the victim, etc. at a restaurant, “F,” which is located in Busan E, and “F,” and assaulted the victim’s arms and posts that he sited on the side, as soon as 3 to 4 seconds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute on police statements made to B, G, H, and I

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines for the crimes in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Where a conviction against the defendant is finalized in relation to the crime of indecent act by compulsion as stated in Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.