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(영문) 수원지방법원 2017.12.07 2017고단6494
준강제추행등
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 September 3, 2017, the quasi-indecent act Defendant found the victim E (the age of 29 years) who was divingd at Osan City around 04:00, and then used the victim’s chest, leg, and boat in his/her hands.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

2. On September 3, 2017, the Defendant thalloned S7 cellular phone in a gallon located in the soup room around 04:19 on September 3, 2017, with a gallon equivalent to 800,000 won at the market price, which is the victim’s ownership adjacent to the victim, by taking advantage of the dals in which the victim F is locked.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written statement;

1. Investigation report (a statement of victim F);

1. CCTV photographs, CCTV photographs of forced indecent conduct, CCTV photographs, and CCTV photographs;

1. Application of investigation reports (verification of cellular phone market prices which are damaged)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 299, 298 (a quasi-indecent act committed) of the Criminal Act, Article 329 of the Criminal Act, and the selection of fines, respectively;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the nature of the crime is not good in light of the method and content of each of the crimes in this case, and that the Defendant did not receive a letter from the victim E, etc.

On the other hand, there are favorable circumstances such as the defendant's wrongness, the defendant's primary offender, the defendant's mobile phone return the stolen cell phone to FF, and the above victim does not want the punishment of the defendant.

In full view of the above circumstances, the sentencing conditions shown in the records and arguments, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and circumstances after the crime.

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