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(영문) 대구지방법원 서부지원 2019.10.16 2019고단1070

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

1. On February 23, 2019, the Defendant committed indecent act by force on February 23, 2019: (a) at the opening of the opening of the Daegu Urban Railroad No. 1 Ship No. 2 located in Daegu-gun District B around 22:00, the Defendant committed indecent act by force by force on the part of the victim D (a person, a woman, 36 years of age) with his own head and arms.

2. On February 28, 2019, the Defendant committed indecent act by compulsion on February 28, 2019, at around 22:00, the Defendant discovered the victim D, and subsequently, discovered the victim D with the victim’s own hand following the victim, and led the victim to the indecent act by compulsion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Report on internal investigation (as to the specific person under suspicion), investigation report (as to a suspect's boat area), investigation report (as to the CCTV images of an urban railroad No. 1 ship), and application of Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In light of the fact that the defendant committed the crime of indecent act by compulsion against the victim with the same reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is deemed necessary to strictly punish the defendant. However, the fact that the defendant recognized the fact of the crime, the fact that there is no record of punishment for the same kind of crime, and the victim's acceptance of the defendant's death and refusal of the defendant's punishment, etc. shall be considered as favorable circumstances to the defendant. In addition, the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, family environment, circumstances after the