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(영문) 울산지방법원 2015.08.20 2015고단913
강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 28, 2015, the Defendant: (a) committed indecent act by compulsion on the part of the victim, namely, the victim F (n, 19 years of age) and the knife in a single arms; (b) the victim tried to knife the victim’s body with one arms; (c) the victim knife the victim’s face with one arms; and (d) the victim knife knife the knife; and (e) the victim knife the knife.

2. On March 28, 2015, at around 02:30, the Defendant: (a) driven a H-low car owned by the Victim G and temporarily used the H-low car from the 5-gil, Ulsan-gu, Ulsan-ro, Ulsan-ro, 5-gil, Ulsan-dong, Ulsan-dong, to the Ulsan-gu, Ulsan-dong, Ulsan-dong, Ulsan-do, without the consent of the victim.

3. On March 28, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said franchise without a driver’s license from around 02:20 to around 03:20 of the same day, and driving the said franchise at a section of about 50 km as prescribed in the said paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each report on investigation;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 331-2 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the selection 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Although there is no driver's license for driving another person's motor vehicle without permission, and the nature of the crime is good, such as indecent act by force, even though there is no reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant is led to confession and reflect, the fact that the defendant is smoothly agreed with the victims, the part and degree of indecent act is not severe, and the amount of fines once.

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