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(영문) 의정부지방법원 고양지원 2016.07.06 2015고단3597

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

Punishment of the crime

On December 3, 2015, the Defendant: (a) committed an indecent act by force against the victim by releasing from the victim F (V, 27 years of age) who sees mobile phones in the E bus in front of the D Station located in Ilsan-dong, U.S., Dong-gu, U.S. on December 3, 2015; (b) 22:20 on December 3, 2015; and (c) 27 years of age; and (d) 3 years of age.

Summary of Evidence

1. Legal statement of F;

1. Statement made by the police with regard to F;

1. The fact that the Defendant denied the criminal intent, but the victim has consistently stated in the investigation process as to the fact that the Defendant, who was 2 partitions from the Defendant, moved to a seat far away from the Defendant, was the Defendant’s hand-to-face, and the Defendant’s hand-to-face reads that “the Defendant was going to a seat going far away.”

On the other hand, the defendant does not clearly explain his act from the police's statement on the day of the crime of this case, considering the fact that it is difficult for the defendant to take action to lead the victim by extending to the distance from the defendant's position to the ker's length, in an intangible manner, and the fact that it is difficult for him to do so, he may recognize the criminal intent of indecent act against the defendant).

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the punishment of this case is not relatively more severe, and the defendant does not have the same criminal record, and the defendant is guilty of the crime stated in the judgment, which is a sex offense subject to registration and submission of personal information, by taking into account all of the factors of sentencing indicated in the record, including the defendant's age, occupation, sex, family relation, motive, means and result of the crime, and circumstances before and after the crime.