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(영문) 대구지방법원 서부지원 2019.01.15 2018고단1216
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 2, 2018, around 22:10, the Defendant was a guest boarding the subway station No. 1 of the subway station located in Daegu Jung-gu, Daegu-gu, with a view to getting off the subway station No. 1, the victim C (the age of 18) is a guest boarding the subway in the same partitions as the said subway.

From that time until 22:26 of the same day, the Defendant discovered the victim who was seated on the buck, and accessed the customer who was seated on the side of the victim to get off, and followed the victim’s right hand and the bucks by hand to the right hand of the victim due to his hand.

Then, at around 22:26 on the same day, the Defendant arrived at the E stations located in Daegu-gun D, and caused the victim's bucks one time with the hand floor.

Accordingly, the Defendant committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (such as: (a) the fact that the criminal defendant committed the crime in this case is against his/her wrongness; (b) the degree of tangible force of this case or the degree of indecent act is not serious; (c) the criminal defendant has no special penal power, except for fines of different species, and the criminal defendant is hospitalized for a long time due to disease, such as polar disorder, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is a person aged 70 or older who is under long-term hospitalization due to mental illness, such as bipolartic disorder and depression, and thus no order to complete program is to be imposed, is recognized

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act, which is a provisional payment order.

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