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(영문) 서울동부지방법원 2018.07.06 2018고합108
강제추행등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On December 28, 2017, the Defendant: (a) around 23:31 on December 28, 2017, in Gwangjin-gu Seoul Special Metropolitan City, and around D-3 platform D for seven lines C; (b) around the 4-3 platform, the Defendant attempted to commit an indecent act on the part of the victim E (Influence, age 26) who was waiting for subway and was waiting for subway, and attempted to commit an indecent act by force by spreading the victim’s chest by hand.

2. On December 28, 2017, the Defendant, at around 23:33, 2017, on the 3-1 platform of the C Station C, ambucks of the victim F (24 years old), and ambucks and bucks of the Defendant’s ambucks so that the Defendant’s ambucks and bucks contacted with the Defendant’s ambucks, and the Defendant continued to sit away from the Defendant’s ambucks and ambucks, thereby committing an indecent act by forcing the Defendant to contact the victim’s ambuck and bucks.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement made to E and F;

1. Each statement of E and F;

1. Attachment of video images to a crime committed by the victim;

1. Application of investigation reports (on-site photographs and CCTV images, attachment of judgment doors, and attachment of the same judgment) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 298, and 298 of the Criminal Act concerning the choice of punishment (the point of attempted indecent act, the choice of fines), and Article 298 of the Criminal Act (the point of forced indecent act, the choice of fines);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (the aggravation of concurrent crimes with the punishment heavier than the punishment heavier than the punishment for an indecent act by force);

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act provides that where a conviction of a defendant who has registered personal information of the provisional payment order becomes final and conclusive, the defendant is subject to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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