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(영문) 전주지방법원 2014.05.15 2013고단2773
준강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

At around 13:40 on September 19, 2013, the Defendant boarded the express bus terminal in Seocho-gu Seoul, Seocho-gu, Seoul, on the top of the victim D (V, 30 years old).

1. At around 14:10 on the same day, the Defendant committed an indecent act on the victim’s left side kneeekne by standing his bridge on the above victim’s bridge, which is in a state of failing to resist due to locking in the above high-speed bus running along the light-speed highway near the Gung-gu Gung-gu Gung-si Office.

2. At around 15:30 on the same day, the Defendant committed an indecent act against the victim by inserting the instant high-speed bus driving along the bus driving along the companion expressway near the front gamban in the city of Ansan at around 15:30 on the same day, expecting head to the front seat and making it difficult to resist due to locking the above victim, etc.

3. At around 17:15 on the same day, the Defendant committed an indecent act by committing an indecent act against the victim, following the instant high-speed bus driving along the instant high-speed highway, where the Defendant was expected to have the head at the front seat and the Defendant was unable to resist because he was able to do so due to diving.

Accordingly, the defendant committed indecent acts against the victim three times by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting the crime, the choice of a fine (the circumstances favorable to the defendant, such as: (a) the confession of the crime in this case by the defendant; (b) the fact that the defendant has committed a mistake in depth while making a confession; and (c) the defendant has deposited a gold of KRW 3

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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