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(영문) 부산지방법원 2019.10.23 2019고단3622
강제추행등
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

1. On January 5, 2018, the Defendant discovered the victim D (tentative name) who has danced at a stage, at the time in Busan B, around 23:40 on January 5, 2018, and even after the victim’s back from the back, the Defendant was at his own arms at the back of the victim’s body.

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

2. The Defendant violated the Punishment of Violences, etc. Act (joint injury) committed an indecent act D at the time and place specified in paragraph (1), and when he was found to walk out as a consequence after being informed from the victim E (the age of 44) by a person related to D and de facto marriage, he saw the victim's breath with his breath, and fating the Defendant's fatf with the Defendant's fat, and fating the Defendant's fat with his her fat, thereby breaking it over the floor.

Even after the Defendant and F continued to attract the employees of the above age club, he and she had the victim and the city expenses, and had the victim bather bat around the floor.

As a result, the Defendant, in collaboration with F, inflicted injury on the victim, such as “influoral salt, tension,” which requires treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with respect to E or F;

1. Statement of D police statement;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In a case where a conviction of the defendant against the crime of indecent act by compulsion in the opinion that the defendant should register personal information and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be punished for sexual crimes.

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