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(영문) 부산지방법원 2018.11.14 2018고단3658

강제추행등

Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

1. On April 8, 2018, the Defendant forced indecent act: (a) on the part of the Victim F (F, F, F, and 42 years old); (b) on the part of the Victim F (F, F, and F, 42 years old); (c) on the part of the Victim F (F, F, and F, 42 years old); and (d) on the part of the Victim’s clothes, the Defendant was hulled against the Victim F, and said

하였음에도, 같은 방법으로 피해자의 음부 부위를 비벼댔다.

Accordingly, the defendant committed indecent acts against the victim by assault.

2. The Defendant assaulted the victim on the foregoing date, time, and place, by the victim’s defect, the victim’s bridge, shoulder, and shoulder.

Summary of Evidence

1. Statement by the defendant in court;

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

3. Application of Acts and subordinate statutes reporting police investigations;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Indecent acts committed by force: Article 298 of the Criminal Act;

(b) The point of assault: Article 260 (1) of the Criminal Act (the choice of a set-off penalty);

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the sum of the upper limit of the sentence of assault as provided for in the heavier compulsory indecent crimes).

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

6. Fully taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of registered information; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant appears to have committed an indecent act in the instant case under the influence of drinking; (c) he/she was aware of his/her offense; (d) he/she has committed an indecent act in the instant case; (d) he/she has no record of criminal punishment for sex crimes or other crimes; and (e) he/she has registered information against the Defendant.