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(영문) 부산지방법원 2014.10.08 2014고단6249
강제추행등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

(b) Crime history;

1. On May 10, 2014, the Defendant: (a) around 04:00, on the D2 floor located in Busan Jin-gu, Busan; (b) on the part of the victim E (in women, 21 years old); (c) on the part of the victim, the Defendant she was wn up the victim’s her humf with one hand; and (d) after the locking, the victim her humf with his left hand.

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

2. On May 10, 2014, the Defendant: (a) was arrested as a flagrant offender at the entrance of the foregoing D at the time of indecent act; (b) around 04:30 on the same day, the Defendant had prepared a written confirmation of the arrest of flagrant offenders at the G District located in the Busan Jin-gu, Busan; and (c) had the intent to gather pro-friendly H’s personal information to conceal the unpaid fine.

On May 10, 2014, the defendant confirmed that "A certificate, name: H, resident registration number, residence: I*(32 years of age): He was arrested in flagrant offender at the front of the entrance of the Seo-gu, Busan, and on the street, D on May 10, 2014, and he was given an opportunity for defense upon being notified that he could request a review of legality of arrest, and that he was given an opportunity for defense." On May 10, 2014, the defendant signed H on the confirmation column of the written confirmation of arrest of flagrant offender and marked his name.

Accordingly, for the purpose of exercising a certificate, the Defendant forged a letter of arrest certificate of flagrant offender under H, which is a private document related to a certificate of fact.

3. On May 10, 2014, the Defendant: (a) around 04:30 on May 10, 2014, issued a false flagrant offender arrest certificate to K, a police officer, who was affiliated with the G District, who was aware of the forgery in the said G District, as if it were a document duly formed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to arrest flagrant offenders and written confirmation;

1. Article 298 of the Criminal Act, Article 231 of the Criminal Act, and Articles 234 and 231 of the Criminal Act concerning the crime;

1. Selection of penalty;

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