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(영문) 부산지방법원 2018.11.14 2018고단4398

강제추행

Text

1. The defendant shall be punished by a fine of KRW 10 million;

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

Reasons

Punishment of the crime

On September 26, 2018, around 08:35, the Defendant changed to the victim D (e.g., age 54) who was seated in the bench (e.g., subway C No. C No. 8 of the subway Station No. 1 located in Busan Dong-gu, Busan, about September 26, 2018.

The term “the victim’s shoulder was tightly sealed by left hand, and the victim’s chest and a part of the sound was cut by bad hand.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

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

4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Disclosure of Registered Information and Orders to Notify Information, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles from Sexual Abuse;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, it is not good that the defendant committed an indecent act by force on the part of the victim who was seated in the events of the C Station Square because the victim met with the chest and the negative part, and the nature and circumstances of the crime are not good.

Due to the criminal act of the defendant, female victims are likely to have suffered considerable mental shock and pain as well as sexual humiliation and gymnification.

Furthermore, the Defendant was sentenced to a suspended sentence of 8 months on February 22, 2018 due to a forced indecent act, etc., and again committed the instant crime during the grace period, and the Defendant was sentenced to a suspended sentence of 2 months on February 22, 2018.

However, this case is brought forward by the defendant with the influence of alcohol.