beta
(영문) 대전지방법원 천안지원 2014.05.16 2014고단91

강제추행

Text

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

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

Reasons

Criminal facts

On December 2, 2013, at around 13:20 on December 22, 2013, the Defendant was boarding a metropolitan bus No. C 300 operated from the Gangnam Station to the water source station, and discovered that the victim D (age 24) was seated on the side of the window to the third place, and was seated on the side.

The Defendant: (a) around the time when the bus passed to Bluth Tol, kids the bucker, and kids the sexual organ by hand; (b) reported this text message to 112; and (c) reported it to 112; and (d) used the bus passage in front of the Defendant’s defect in order to avoid the location, and used the victim’s buckbucks as hand, thereby committing indecent act by force.

Summary of Evidence

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the screen of 112 reported victims' cell phones and the table of 112 reported cases;

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

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

1. The degree of direct physical contact with the victim with the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is relatively minor, the assault and intimidation are not accompanied by an indecent act against the victim, and the defendant has no record of criminal punishment, etc., shall be determined by comprehensively taking into account all the factors for sentencing specified in the arguments, such as the fact that

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, the accused is 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 is obligated to submit personal information to the head

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the sexual crime subject to registration which can be achieved due to such order.