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(영문) 대구지방법원 김천지원 2018.04.25 2017고단1876

강제추행

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

On October 25, 2017, the Defendant started from D around 12:05 on October 25, 2017, and committed an indecent act by force on the part of the victim, by moving the victim F (F) to the seat No. 13, and by moving the victim’s seat No. 11, which is the front seat of the victim, in the E-high bus where the victim F (F) was in operation near the center of the median Line of the central expressway located in the Si/Gu, U.S.-si., and the victim was able to see that he was seated No. 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to photographs submitted by the victim);

1. Relevant legal provisions concerning criminal facts, Articles 298 of the Criminal Act of the choice of punishment, and the choice of a fine (the content and method of the crime are not good, and the victim wants to punish the defendant, but there is no previous criminal record, and following the instant case, the victim recognized the mistake of the victim and responded to the investigation, and following the instant case, the victim was receiving mental treatment and treatment due to depression disorder by showing symptoms, such as suicide impulse due to the reduction of punishment following the instant crime)

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in consideration of the sentencing factors mentioned earlier, considering the registration of personal information and the completion of a sexual assault treatment program, it is deemed that the effect of preventing recidivism can be achieved even if such person is considered);