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(영문) 부산지방법원 2015.02.11 2014고단8178
강제추행
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On August 8, 2014, at around 09:30 on August 8, 2014, the Defendant: (a) requested the victim C to sign on the establishment of the center for senior citizens in the apartment complex from the sports center in Busan-gu, Busan-gu, Busan-do; (b) on the part of the victim, the Defendant: (c) placed the victim’s chest on the victim’s shoulder; (d) placed the victim’s chest on the victim’s shoulder; and (e) engaged in indecent act by force by force, such as the victim’s knife’s knife with knife.

2. At around 11:40 on the same day, the victim E-related Defendant: (a) asked the victim E (at the age of 43) to sign the above 1.1 on the second apartment floor from the victim E (at the age of 43) in order to say that “for example, it is necessary to cause any bad person to do so, to do so; and (b) made indecent act by force against the victim by hand.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. 수사보고(CCTV 켑처), 사진 법령의 적용

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a fine in consideration of the fact that the victims of the option of the punishment are residents of the Republic of Korea, taking into account the fact that they use the defendant and seek a preference;

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

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

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

The age, occupation, risk of recidivism, type of crime in this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the registration that can be achieved due to such order.

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