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(영문) 부산지방법원 2015.08.21 2015고합259

준강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 18, 2015, at around 03:20, the Defendant committed an indecent act on the part of the victim by taking advantage of the victim’s mental condition by taking advantage of the victim’s mental condition in a soup, making soup and making soup, the victim E (the victim, women, 37 years of age) takes out from the 8th floor of the Busan Jin-gu C building, taking advantage of the victim’s side, taking the victim’s hand over his hand between his legs, and taking the victim’s chest up twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation (the No. 1, 5 of the evidence list);

1. Application of Ctv Video Acts and subordinate statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of penalties;

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (a) of the Act on Special Cases Concerning the Protection, etc. of Children and Juveniles against Sexual Abuse (i.e., without a sex offense record, it is difficult to see that the defendant is highly likely to recommit a sex crime in light of the favorable circumstances deemed to be the grounds for sentencing, such as the occurrence of no sex offense record, and the circumstances such as the circumstances surrounding the crime of this case; and (b) the profits and the effect expected by the disclosure and notification orders

1. The scope of punishment: Fine of 50,000 won or fine of 15,00,000 won; and

2. Determination of sentence: the instant crime of KRW 2,00,000 is committed by the Defendant, who was set up at a sobry, following the Defendant’s back to the victim who was locked at a sobry, brea the son between the victim’s bridge, and booms the chest by hand, and the victim is the victim.