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Reasons
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(영문) 서울중앙지방법원 2014.03.21 2013고단6997
폭행등
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around September 28, 2013, the Defendant violated the Act on the Punishment of Sexual Crimes (Indecent Acts at Open Space) committed an indecent act against the said victim at a golf club stage, a place where the said victim was located in public smuggling, in a manner that the victim E (the 23 years old), who was under dancing, was able to go back to a seat in the table, by hand from the back of the victim E (the 23 years old), and went back to the seat in the table. In other words, the Defendant committed an indecent act against the said victim at the stage of a golf club, a place where the victim was in public smuggling, by keeping the victim’s chest, by hand, and booming and pushing the said victim’s chest.

2. The Defendant, at the same time and time, assaulted the victim F (the victim F (the 26-year age), who was in line with the above E, committed an indecent act against the Defendant by satisfing fating the fat of the said victim’s fat, and pushing the fat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes on filing a complaint of E;

1. Relevant Articles on criminal facts, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes (Appointment of Fine and Selection of Fine) and Article 260 (1) of the Criminal Act;

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

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fine not exceeding 7,500,000 won;

2. Decision of sentencing on March 3, 200 on the sentencing guidelines: (a) the sentencing guidelines are not applicable: (b) the imposition of fines of KRW 2,00,00 (the first offender who has no criminal power in the Republic of Korea; and (c) the degree of indecent act and assault is not serious); and (d) the place where the instant indecent act was committed; (b) the form of the act; (c) the degree of indecent act; and (d) the Defendant’s first offender who has no criminal power in the Republic of Korea as U.S. foreigners.

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