logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.06.17 2014고단3470
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At 103 urban buses, the defendant, who are on board high school students today, had the victim D (V, 21 years of age) and one time, and the victim's side seat was sitd down on the side of the bus.

On November 6, 2014, at or around 19:50 another city bus No. 103, at or about 103, the Defendant: (a) boarded the victim immediately; (b) opened the door counter to the window of Changwon-si, where the victim was seated and was giving an opportunity to sit the victim immediately; and (c) committed an indecent act by force against the victim by taking advantage of the cresh of the victim’s tur and bucks in the above city bus, where the victim was faced.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The 112 Report Processing Table of the 112 Report Case (the defendant denies the crime of indecent act by compulsion, but according to the above evidence, there is no circumstance to deem that the victim D made a specific and consistent statement about the circumstances in which the crime was committed, and there is no other reason to deem that the victim D made a false statement. Therefore, since the victim D’s legal statement and the police statement are sufficiently reliable, the crime in the judgment is guilty)

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 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;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant denies the crime and did not repent the crime, and thus, the nature and circumstances after the crime are good. However, the defendant's age is the first offender, the victim does not want the punishment against the defendant, and the degree of the indecent act in this case is different from the defendant's age, character and behavior, occupation, living environment, motive, means and result, etc., and all other circumstances constituting the conditions for sentencing, including the defendant's age, character and behavior, occupation, living environment, motive and consequence, etc.,

arrow