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(영문) 서울중앙지방법원 2018.11.01 2018고정1966
준강제추행
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 April 1, 2018, the Defendant discovered that the Defendant was seated in front of the Defendant E (Woo, 2) in a D high-speed bus operated on the area of Daejeon, which is operated on the surface of Seoul. On April 1, 2018, and found that the Defendant was seated behind the Defendant’s seat, and that the Defendant met up two times the Defendant’s right chests of the victim by extending out his hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Cut photographs of the DNA CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (to reply to results of execution of a warrant of search and inspection);

1. Article 299 and Article 298 of the Criminal Act concerning the facts constituting an offense;

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 concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information, an order to notify, and an order to restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender is deemed to have low risk of recidivism of a sexual crime in light of the Defendant’s criminal details or circumstances; the Defendant may have the effect to prevent recidivism even after completing personal information registration and sexual assault therapy.

There are other special circumstances that may not disclose or notify the personal information of the defendant, or order the restriction on employment of the juvenile-related institutions, etc. to disclose or notify the personal information of the defendant, or order the restriction on employment to the juvenile-related institutions, etc., by combining all the circumstances such as the social benefits expected by the disclosure order, notification order, and restriction on employment, the effects of the application of sexual crimes

The reason for sentencing is that the defendant committed an indecent act against the victim who was divingd in the deep speed bus.

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