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(영문) 서울남부지방법원 2016.08.26 2015고단4421
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 06:50 on October 7, 2015, the Defendant forced the victim to commit an indecent act by inserting his hand in a way that the victim F (name, leisure, 3) who was seated in the front of the Defendant, carried his hand over his hand with a gap between the left chest and the side glass, in the E bus that passed through the Yeongdeungpo-gu Seoul Metropolitan Government D Bus Exchange Center.

Summary of Evidence

1. Legal statement of witness F;

1. A second-time protocol concerning the examination of suspect of the police against the defendant;

1. Statement made by the police with regard to F;

1. Investigation report (ctv verification) (the defendant and his defense counsel asserts that there is no fact that the defendant intentionally committed an indecent act against the victim.

However, the victim has consistently and specifically stated from the investigative agency to this court about the acts of the defendant, the content of damage, the perception and response of the victim, the situation before and after the crime, and there is no reason for the victim to injure the defendant until the victim is punished for perjury, and the victim's statement in light of the victim's attitude of statement in this court, credibility is recognized.

Therefore, it is sufficiently recognized that the defendant committed an indecent act against the victim, such as the criminal facts intentionally committed by the criminal defendant for the prosecution.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the victim’s sexual humiliation and displeasure for the crime of this case appears to be considerable; (b) the victim did not recover from damage; (c) the victim was punished against the defendant; and (d) the defendant denies and denies the crime; and (e) the fact that the defendant does not have any record of punishment for the same crime in addition to one fine for the crime of this case.

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