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(영문) 부산지방법원 2016.02.15 2015고단5785
강제추행등
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

1. On August 23, 2015, the Defendant: (a) reported that the victim E (in women and 23 years of age) was prone in front of the DNA Mart located in Busan Dong-gu, Busan on August 23, 2015; and (b) subsequently, the Defendant committed an indecent act by force against the victim by making the victim’s chest and knb with the victim’s own hand after the victim’s own hand.

2. On August 23, 2015, the injured Defendant: (a) around the restaurant of “G” located in F of the Busan Eastdong-gu, Busan; (b) after committing the crime described in paragraph (1), left the upper part of the victim’s chests of the victim who resisted to the crime in both hands, and (c) escaped, the injured victim saw the Defendant to drive away about 200 meters away from the victim and her face at around 200 meters; and (d) her face of the Defendant’s head knife the victim’s body by hand, pushed the victim into the victim’s body by drinking; and (d) her head knife the victim’s knife the victim’s knife the victim’s knife in his arms, put the victim into the victim’s knife part over the victim

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with H;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act, Articles 298 and 257 (1) of the Criminal Act, and the selection of fines for the crime;

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. Where the part of a judgment on compulsory indecent act in relation to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the accused is obligated to submit personal information to the competent agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order.

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