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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
[2017 Highest 989]
1. 강제 추행 피고인은 2017. 3. 25. 23:10 경 군포시 C 아파트 626동 1 층 현관에서 피해자 D( 가명, 여, 20세) 가 비밀번호를 누르는 사이에 허리를 숙여 갑자기 피해자의 왼쪽 다리 부위를 혀로 핥아 피해자를 강제로 추행하였다.
[2017 Highest 1494]
2. Around June 23, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crow Places) caused the victim G (the age 19)’s left left side buckbucks located in the subway F Station 1 subway station in Guro-gu Seoul Metropolitan Government, and the short-string-down bucks taken by hand, etc.
Accordingly, the Defendant committed an indecent act against the victim in the subway station, which is a place where the public is concentrated.
Summary of Evidence
[2017 Highest 989]
1. Statement by the defendant in court;
1. Statement made by the police with respect to D;
1. Investigation report (Attachment of CCTV recording data for committing a crime) (2017 high group 1494);
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes of the police statement protocol to G;
1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of indecent act in a densely concentrated place), and the selection of fines;
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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes is flexible - unfavorable circumstances: In light of each of the circumstances and contents of the crimes, the crime was committed without being aware of the nature of the crime; in particular, even around August 31, 2016, the crime was suspended on the ground of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., a camera, etc.) due to the crime taken by a female toilet in front.