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(영문) 대구지방법원 2014.06.19 2014고단1505
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On January 7, 2014, the Defendant committed an indecent act by compulsion on a bus No. 840 on a around 06:50 on January 7, 2014, the Defendant: (a) discovered the victim C (the age of 25) who was seated on the front seat of the bus and forced to commit an indecent act on the part of the bus while getting on a bus no. 840 at the Yong-nam University located in Daegu-si, Busan-si; and (b) committed an indecent act by force against the victim by getting off the bus at the bus and getting off the bus at the bus stop, and by getting off the bus at one time on his/her hand.

2. On January 18, 2014, the Defendant committed an indecent act by compulsion on the part of the victim on the same method at the place specified in paragraph (1) at around 06:50, Jan. 18, 2014, in which the said victim’s bridge was sent one time to his/her hand, and committed an indecent act on the part of the victim.

3. On January 23, 2014, the Defendant committed an indecent act by compulsion on the part of the victim on the same method at the place specified in paragraph (1) at around 06:50 on January 23, 2014, by committing an indecent act by force on the part of the victim on the same method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on internal investigation (related to the form of a suspect and face-to-face identification);

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order.

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