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(영문) 의정부지방법원 2014.01.27 2013고단4258
준강제추행
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 28, 2013, the Defendant, around 02:15, 02:0 on the roads near the Namyang-si, Seoyang-do, Seoyang-do, Seoyang-do, in the south-do. On September 28, 2013, the Defendant was seated down on the side seat of the victim C (the 18-year old age), where he was seated in the middle of the route bus, and the victim was expected to sit on the window, was able to use the part of the victim’s left side buckbucks over several times.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A photograph by cutting a CCTV for a DNA bus;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 29 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of 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 is that the defendant did not agree with the victim; the fact that the defendant had been punished once the same kind of criminal act is disadvantageous; the fact that the defendant committed the crime and reflects the fact at the time of the crime is favorable; and the method and result of the crime in this case, the punishment shall be determined by taking into account all the conditions for sentencing, including the circumstances after the crime, the age, character and conduct, and family environment.

Since a judgment of conviction was rendered against a defendant who registered personal information as a quasi-indecent act by compulsion, the defendant is obligated to submit personal information to a related agency as prescribed by Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, if such judgment becomes final and conclusive.

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order, and the registration that can be achieved due to such problems.

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