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Reasons
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(영문) 대구지방법원 2017.04.21 2016고합595
강제추행등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

" 2016 Gohap 595"

1. On October 7, 2016, the Defendant was forced to commit an indecent act: (a) at the bus stops in front of the D Park in Daegu-gu, Daegu-gu; (b) found the victim E (n) waiting for the bus; (c) found the victim E, waiting for the bus; and (d) followed by the victim, the victim’s her own knife became only one time.

Accordingly, the Defendant committed an indecent act on the part of the victim.

" 2017 Gohap 80"

2. On February 17, 2017, the Defendant damaged the said LED-TV’s antenna line owned by H representative I on the basis of a shaking of the LED-TV-TV’s antenna line owned by H representative I, without any reason, at the G G Dae-gu, Daegu Northern District on February 17, 2017, by causing approximately KRW 121,00,000 for incidental repair costs.

Summary of Evidence

" 2016 Gohap 595"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. "Investigation Report (Attachment of Table 112 for the Handling of Reporting Cases) 2017 Gohap 80;

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of the Act and subordinate statutes on Report of Investigation (11th of investigation records);

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of punishment, and Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the aggregate of the amounts of the above two crimes is added];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse;

1. Where a conviction of a criminal defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive with respect to a crime of indecent act committed by a defendant who is subject to the registration of personal information of a provisional payment order, the defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

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