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(영문) 부산지방법원 2018.09.19 2018고단2923
강제추행등
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 31, 2017, the Defendant was forced to commit an indecent act: (a) on December 31, 2017, at the “D” club located in Busan, Busan, the victim E (the victim 24 years of age) and F (the 30 years of age), who is an employee; (b) on December 31, 201, the Defendant was her son when E passes by her side, and was followed by E.

F의 허리를 손으로 감쌌다.

Accordingly, the defendant committed an indecent act against the victims by assault.

2. The Defendant took the attitude of assaulting the victim F with the defect of the above victim F, drinking the victim’s shoulder once, and drinking the victim again at the above time and place.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

2. Application of Acts and subordinate statutes on police statements made to E and F;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Indecent acts by force: Article 298 of the Criminal Act;

(b) The point of assault: Article 260 (1) of the Criminal Act (the choice of a set-off penalty);

2. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment and punishment for concurrent crimes against victim F with the largest number of concurrent crimes).

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. Comprehensively taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempted from the Employment Restriction Order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) Articles 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse; and (d) Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) the Defendant appears to have committed an indecent act of this case under the influence of drinking; (c) the Defendant appears to have committed an indecent act of this case under the influence of drinking; (d) the fact that he/she was recognized as a substitute for his/her offense; (d) there was no history of criminal punishment for sex

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