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(영문) 춘천지방법원 강릉지원 2014.10.07 2014고단610

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a D tourist bus belonging to a C travelr.

On April 16, 2014, at around 10:30, the Defendant: (a) committed an indecent act by force against the victim by forcing the victim to take 40 students on a tourist bus in order to open a training meeting with the students; (b) when the victim is going up the bus stairs to take aboard the bus, the Defendant’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Legal statement of witness G;

1. The application of the law to G’s statement of the police [the defendant and his defense counsel denied the fact that the defendant committed indecent act by compulsion of the victim as stated in the judgment of the defendant according to the consistent statement of the witness G]

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a judgment of conviction was rendered against a defendant who has registered personal information in accordance with Article 334(1) of the Criminal Procedure Act, the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency as prescribed in Article 43 of the same Act.

In light of the defendant's age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, the protection effect of the victim, etc., the special circumstances that may not disclose and notify personal information shall be taken into comprehensive account.