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(영문) 의정부지방법원 2016.02.01 2015고단2938
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 30, 2015, from around 00:10 to 00:26 of the same day, the Defendant was in front of the bus stops located in subway 4-line D in Dobong-gu Seoul Metropolitan Government, with the section up to the bus stops in front of the Gyeonggi-gu, Gyeonggi-do, and was sitting back to the side of the victim F (n, 26 years of age) within the bus No. 36 which operated the section up to the bus stops in front of the apartment bus stops in Gyeonggi-gu. The Defendant was able to sleep by hand, and the victim was able to do so on several occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement;

1. An investigation report (Attachment of CCTV data on the Ebot), an investigation report (with respect to a reply on the details of approval of bus transportation cards on 36 occasions);

1. Details of the use of transportation cards, the details of response to such cards, and response to requests for personal information of the members of the non-cc card;

1. Application of the Acts and subordinate statutes concerning CCTV photographs No. 36;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the Defendant had been punished for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2010, once again committed the instant crime, it is reasonable to punish the Defendant with strict punishment in light of the following: (a) the degree of conduct is not easy; and (b) the victim appears to have suffered severe mental impulse due to the instant crime.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts of the crime, there is no history of punishment exceeding the fine, and the fact that the defendant agreed with the victim after the conclusion of the pleadings in this case, and considering the means and result of the crime in this case, the defendant's age, sex, family environment, etc., the punishment as ordered.

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