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(영문) 의정부지방법원 고양지원 2018.09.20 2017고단2182

준강제추행

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

1. On October 28, 2016, around 06:00, the Defendant discovered the victim D(22 years old), who was divingd, and committed an indecent act by taking advantage of the victim’s mental and physical loss on his/her head’s body and body loss, within a soup range of c 1st floor located in U.S. Dong-gu, U.S., Dong-gu, U.S. B., and by taking advantage of the victim’s body and body loss.

2. On October 28, 2016, around 11:10, the Defendant found out the victim E (at the age of 21) on the second floor of the 2nd floor, such as Paragraph 1 of the same Article, and committed an indecent act by force by taking advantage of the victim’s mental and physical loss, by taking advantage of the victim’s physical and mental loss around the victim’s leg.

3. The Defendant continued to commit an indecent act by force against the victim by finding out the victim D(22 years old) under paragraph (1) that caused the damage under paragraph (1) and moved to a second floor water surface room on the same day at around 11:16, and by taking advantage of the victim’s physical and mental loss, the Defendant committed an indecent act by force against the victim by taking advantage of the victim’s physical and mental loss.

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements made to D, F and G;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the selection of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018), the frequency of the crime of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the status and degree of the criminal conduct, and the Defendant’s offense of violating the Act on Special Cases concerning the Settlement of Traffic Accidents before the instant crime was committed, which has no record of criminal punishment except once, and the Defendant’s age, sex, environment, motive, circumstance, etc.