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(영문) 부산지방법원 2017.03.15 2016고단7310

강제추행

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On October 13:43, 2016, the Defendant forced the victim C to commit an indecent act against the victim: (a) around 105 elevators with D Apartment-gu, Busan Metropolitan City around 105, with the intent of forcing the victim C (at the age of 58) to commit an indecent act against the victim; (b) reported the victim to board the elevator; (c) followed the elevator; and (d) prevented the victim from resisting the victim by using the gaps inside the elevator with the victim; and (c) prevented the victim from resisting the victim; and (d) committed an indecent act by force against the victim by deceiving the victim under his/her clothes.

2. On October 13:47, 2016, the Defendant forced the victim E to commit an indecent act by force on October 13:47, 2016, at the places indicated in the above “1” clause, the Defendant took the mind of forcing the victim E (the age of 68) to commit an indecent act on the elevator, reported the said victim to board the elevator, and followed the elevator, followed the victim, and followed the victim, and prevented the victim from resisting by using the gaps inside the grept with the victim, and committed an indecent act on the part of the victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of the Acts and subordinate statutes on each investigation report and CCTV closure screen;

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

1. Selection of each alternative fine for punishment (the defendant has no previous record of the same kind, the depth of the crime is reflected, and the same victim has reached an agreement with the victim E and is not subject to the punishment of the defendant);

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

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. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the defendant 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same