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(영문) 부산지방법원 2017.12.20 2017고단4965
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 24, 2016, the Defendant: (a) around 17:20 on October 24, 2016, around the 17:20, the Defendant: (b) laid down the victim E (the age of 33) on the left side of the left side and was waiting for subway, seated down in the event of the Victim E (the age of 33) in the direction of the line; (c) laid down on the back side of the port side of the victim; (d) laid down the victim’s left body; (d) 2:3 non-frings of the buckbucket; and (e) continuously frings the part of the buckbucket, and (e) took the victim’s desire to “a young person’s sound anywhere.”

Accordingly, the defendant committed an indecent act against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. The application of the law to the 112 Report Processing Statement [this is denied to the effect that the Defendant did not have any contact with the victim, but it can be sufficiently recognized according to the victim's specific and consistent statement. Thus, the Defendant's assertion is not accepted].

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

The Act on the Protection of Children and Juveniles against Sexual Abuse shall apply to the defendant, taking into account the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, preventive effect against sexual crimes that can be achieved through an order to disclose information, disadvantage of the defendant, etc.

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