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(영문) 부산지방법원 2018.01.08 2017고단5560

강제추행등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 19, 2017, the Defendant forced indecent act: (a) 22:50 on October 19, 2017; (b) was drunk in front of the D apartmentel located in Busan Jung-gu, Busan; and (c) was sold to the victim E (or 43 years of age) who was running his/her business while leading the Pura in the vicinity of the market; and (d) was talking with the victim E (or 43 years of age).

On the other hand, while she was faced with the body of the body, the victim's her body was not over the floor, and the victim's her body was "one-time defect", and the victim's her chest and her her son was forced to commit indecent act by force.

2. In the time, at the same time, at the place as mentioned in the preceding paragraph, the Defendant: (a) the victim F, who carried on a business as above, destroyed the unclaimed property of the repair cost by making the victim F, who carried on a business by scambling the scam, scambling the scam, and making the sc

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 298 of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

2. Selection of each selective fine for punishment (the punishment shall be imposed by a fine in consideration of the fact that there is no record of punishment for the crime of indecent conduct committed by force, the victims are not punished by the defendant by agreement with the victims, the damage to property was recovered, the degree of forced indecent conduct is not much severe);

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

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

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

6. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children’s Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism, and the profits and preventive effects expected from the disclosure order and notification order of this case.