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부산지방법원 2015.01.14 2014고단7716
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

1. On August 8, 2014, the Defendant: (a) reported the victim E (the age 22) who was going to enter a different room in the corridor of the D building located in the Busan Northern-gu, Busan, while entering a singing room; and (b) followed the victim E (the age 22) and forced the victim to commit indecent act.

2. At around 22:40 on the same day, the injured Defendant committed an indecent act in front of the building in the Cbone Star Building in Busan Northern-dong, Busan, such as the preceding paragraph, and talked with E, victim F (n, 21 years old), etc., and went out of the main point, and suffered from the victim and the main employee followed by the victim and the victim who was on the back of the Defendant, who followed the victim and was on the back of the knife of the Defendant, thereby leading the victim to the knife and the victim who was on the back of the knife of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 257 (1) of the Criminal Act and the choice of fines;

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

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

1. Where a conviction of a crime committed by indecent act by indecent act on the judgment that constitutes a sexual crime subject to 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, is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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