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(영문) 부산지방법원 동부지원 2015.05.13 2015고단340

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a intellectual disability third grade.

At around 20:20 on November 21, 2014, the Defendant discovered the victim C (the 23 years of age) in the vicinity of the bus stops located in the Namcheon-gu, Busan. On that day, the Defendant saw the victim C (the 23 years of age) to the external appearance of the victim first viewed as the date, and followed the victim. The victim followed the victim at the same KBS third distance. On the same day, the Defendant saw the victim into the left arms at the port of the same kBS3 distance. The Defendant saw the Defendant’s shoulder with his behavior by putting the shoulder of the victim, who frightd and frighted by playing the above Defendant’s act, and saw the victim two arms at the place where the above distance was set off.

Accordingly, the victim of play had the defendant pushed the defendant, and the defendant walk the way to walk with the victim again with the victim. At around 20:30 on the same day, the victim got ahead of the studio building where the victim resides in Busan.

When the Defendant, while intending to enter the above building according to the victim, she was asked from the victim, she was able to see his/her eaves and see with his/her fingers, and her kis., he/she took an action to kis., and the victim refused to do so, she was able to see the part on the bridge and the part on the bridge of the female in both arms.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 (100,000 won a day);

1. In a case where a conviction on the criminal facts of this case against a defendant who is obligated to submit personal information of this case under Article 59(1) of the Criminal Act (in a case where a conviction is finalized as to the crime of this case, it constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant constitutes a person subject to registration of personal information under Article 43 of the same Act.