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Reasons
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(영문) 의정부지방법원 2017.11.15 2017고단3325
강제추행등
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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

1. In the course of forced indecent act: (a) the Defendant driving the victim D, an acting driver, in the vicinity of the C District, located at the city around 06:30 on February 15, 2017, in the course of moving the Defendant’s Esp vehicle to the south-ri, the Defendant’s purpose of the Defendant, by driving the Defendant’s Esp vehicle in the vicinity of the C District, into the south-ri-ri, the Defendant: (b) the victim’s hand and buckbucks; (c) the victim’s sexual flag was flick up twice with the victim’s clothes; and (d) the victim’s face was flick up with the victim’s head by putting the victim’s head on one hand.

The defendant's indictment is written as "victim" while kisk, one hand of the victim, and the defendant's indictment is written as "victim".

In order to commit an indecent act on the part of the victim, the victim was forced to commit an indecent act on the part of the victim.

2. When Defendant 1 committed an indecent act against the Act on the Aggravated Punishment, etc. of Specific Crimes at the same time and place as the above “1,” and committed an act against the Defendant by forcing the said victim to commit an indecent act, such as the above “1,” the said victim expressed that “the face of the said victim driven by hand and the breast part of the said victim who is driving by hand may take part in the face and breast part of the said victim, and assaulted the driver of the motor vehicle in operation by taking part in the face and body part of the said victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of each fine;

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. Article 334(1) of the Criminal Procedure Act (the defendant) of the Provisional Payment Order

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