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(영문) 청주지방법원 2019.02.14 2018고단1780
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 15, 2018, at around 18:50, the Defendant committed an indecent act by force against the victim, by raising his hand to the left left bucks of the victim E (inns, 23 years of age, 23 years of age) seated next seat 22 seated and seated next seated.

Summary of Evidence

1. Legal statement of E;

1. Statement to E by the police;

1. On-site reports (the defendant denies the crime, but the statements of the victim contain such detailed descriptions as the circumstances before and after the crime, the response of the victim and the depth of the crime, etc., which cannot be known as being consistent, specific and direct, and without any direct experience, and it is difficult for the victim to raise a problem to the defendant who sits down on the side of the vehicle in the situation where the victim should more than one hour to board a rapid bus, and it is difficult for the victim and the defendant to request the driver to help the driver at the middle heat. The victim and the defendant are hard to request the driver to help the driver (the bus, unlike the expressway, it is inevitable to unfold the safety level inside the bus and walk up the driver seat or walk up the driver seat or request the driver to help the driver significantly). In light of the fact that there is a person on board the surrounding passengers, it is acceptable to accept the defendant's motive reported to the police by taking account of the defendant's crime, and the victim's motive cannot be sought by any falsehood.).

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued;

1. The age, occupation, family environment, and society of the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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