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(영문) 대전지방법원 서산지원 2018.01.19 2017고단606
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a driving school C, and the victim D (n, 27 years of age, E) is a driver of a driving school.

On April 19, 2016, between around 13:30 and around 15:00, the Defendant committed an indecent act by force against the victim by holding the driver’s seat in the functional practice site located in C private teaching institutes located in the Seosan City F, by holding the driver’s seat on the hand hand over several occasions.

After that, while the defendant was engaged in the driving practice on the road around 16:00 on the same day, he applied his left arms to the driver's seat, etc., and the driver's hand was able to catch the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement made by the prosecution against E;

1. Each police statement made to E, H and G;

1. Application of I’s message and re-shot Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Although Article 334(1) of the Criminal Procedure Act denies the crime for sentencing of Article 334(1) of the Criminal Procedure Act, the degree of criminal conduct is not relatively more severe, and there is no same criminal record.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on the facts constituting the crime of sexual assault crime subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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