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(영문) 서울남부지방법원 2018.04.11 2017고단6322
강제추행등
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 person who drives a two-wheeled vehicle B, PCX 125.

No one shall cover a motor vehicle registration number plate or make it illegible, and no one shall operate such motor vehicle.

1. On August 23, 2017, the Defendant: (a) on the front side of the parking lot in Yangcheon-gu Seoul Metropolitan Government, on August 23, 2017; (b) on the front side of the parking lot in Yangcheon-gu, Seoul; (c) made it difficult to identify the registration number plate on the back number plate of the said two-wheeled vehicle, and made it difficult for the Defendant to find out the registration number plate on the back number plate of the said two-wheeled by the above-mentioned two-wheeled vehicle; and (d) by accessing the victim on the said two-wheeled vehicle, the Defendant committed an indecent act against the female by force.

2. On September 2, 2017, the Defendant: (a) on the front side of Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) on the front side of the instant two-wheeled vehicle, caused the victim’s kickboard to have his mind of committing an indecent act by forcing the victim F (bee 22 years of age) at that place; and (c) made it difficult to identify the registration number plate on the back of the said two-wheeled vehicle’s back number plate on the back of the two-wheeled vehicle: (a) made it difficult to identify the registration number plate on the back of the two-wheeled vehicle; and (b) made the victim have access to the said two-wheeled vehicle one time to have his her k

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Investigation report (registration number plates which make it difficult for the person under investigation to intentionally identify);

1. Application of each statute on photographs;

1. Article 298 of the Criminal Act in relation to the facts constituting the crime (the point of compulsory indecent act, the selection of fines), Article 81 subparagraph 1-2, and Article 10 (5) of the Automobile Management Act (the fact that intentionally puts a car number plate and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of Article 334(1) of the Criminal Procedure Act is each of the instant cases.

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