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(영문) 수원지방법원 평택지원 2019.05.15 2018고단2079

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 22:45 on October 23, 2018, the Defendant: (a) was in operation of 365 km located in the B high-speed bus located in the front seat of the Defendant, and (b) was able to see that the victim C (a person, biff, and 21 years old) who was seated in the front seat of the Defendant was locked back, and her body was locked back to the victim’s face by care in the future; and (c) continued to have the victim’s left chest by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation;

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 for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. Article 334(1) of the Criminal Procedure Act provides that “The punishment shall be determined as per the order, in comprehensive consideration of the Defendant’s age, character and conduct, environment, circumstances leading to the commission of the crime, circumstances after the crime, etc., although the crime was committed, and as such, the punishment shall be determined by taking into account the following factors: (a) although the punishment was not provided by the victim due to sexual humiliation or mental shock; and (b) the punishment is not provided by the victim; (c)

Where a conviction of a criminal fact in the judgment that is subject to registration and submission of personal information is finalized, the defendant is a person subject to registration of personal information in accordance with 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 competent agency pursuant to Article 43 (1)

The age, occupation, family environment, social relationship, previous conviction, risk of recidivism, profits and preventive effects expected due to the disclosure order and notification order of the accused, as well as the age of the accused, occupation, family environment, social relationship, previous offense, and the resulting effect.