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(영문) 부산지방법원 2017.09.18 2017고단2907

강제추행등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 9, 2016, the Defendant committed an indecent act by force: (a) on the front side of Part D, adjacent to the “C Public Security Center” located in Busan Young-gu, Busan, Busan, the Defendant committed an indecent act by force against the victim E (n.e., the victim E (n., the 55 years old) who was aware of his/her reputation and the coffee; (b) made a conversation with the victim while making a cruise, and then made the call to the end, and, (c) made the call to the end, the Defendant forced the victim to commit an indecent act by force once against the victim’s left chest due to his/her finger.

2. On August 15, 2016, at the place described in the foregoing paragraph (1) around 09:10 on August 15, 2016, the Defendant: (a) called “a week or 55 years of age”; and (b) the victim has a mental health.”

nomenclature;

lower court’s judgment

The victim's right side part of the victim's side side is 2 times with strings, strings, and strings, and the victim suffered bodily injury such as damage of 2 strings that require treatment between about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 of the Criminal Act, the choice of fines for the crime;

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

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

4. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (a special circumstance in which it is impossible to impose order to complete program in light of the details and risk of the crime in this case, circumstances after the crime, etc.

5. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information shall not be disclosed or notified.