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(영문) 부산지방법원 2018.09.28 2017고단4675
강제추행
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 August 26, 2017, the Defendant: (a) around 19:05 on August 26, 2017, the Defendant was merely a side of the victim D (M, 25 years of age) who was in front of the “C” located in Geum-gu, Busan, Sim-gu B, Busan; and (b) the Defendant was her part of the victim’s right straw with his/her hand.

Accordingly, the defendant committed indecent acts against the victim by assault.

2. On August 2, 2017, the Defendant: (a) around 21:23, 2017, at the top of the Victim G (V, 23 years old), who was in front of the “F” located in the Geum-gu, Busan (F) Geum-gu; (b) around August 2, 2017, the left side of the Victim G (V, 23 years old) was flicking the her part by hand.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Part of each protocol concerning the suspect interrogation of the police against the accused;

2. Each police statement made to D or G;

3. A statement of H;

4. Photographs;

5. Application of Acts and subordinate statutes to report an investigation to the prosecution (to hear statements of victims, etc.);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

2. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against victims G with heavy circumstances).

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. In full view of 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 an employment restriction order; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the proviso of Article 50(1); and (d) the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s path appears to have committed each of the instant crimes; (d) there is no record of punishment for sex crimes or other crimes; and (e) there is no record of punishment for sex crimes or other crimes; and (e) the Defendant’s age, sex behavior, environment, family relationship, etc. as a whole, the Defendant is a person who has committed the instant crime.

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