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(영문) 대구지방법원 서부지원 2013.12.23 2013고합196
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

The Defendants, at around 12:00 on August 4, 2013, went to the Maritime Transportation Daegu in Busan Metropolitan City, and were willing to force the victim E (the age of 23) (the age of 23) who was playing water in the sea of the above bathing beach 5-6.

1. On August 4, 2013, at around 15:05, Defendant A committed an indecent act by force against the victim, who was playing water in front of the instant bathing beach 5-6, by inserting a bridge between the victim’s vagach and her fright, by inserting the bridge.

2. Defendant B, at the same time and place as described in paragraph (1), deemed that A commits an indecent act against the victim as described in paragraph (1), and committed an indecent act by force against the victim by inserting the victim’s bridge in the following way by inserting the victim’s bridge between the victim’s ditches, thereby holding the victim’s flock and flock in a sound state.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Application of CDs or video-faging statutes;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. Reasons for sentencing under the proviso to Article 16 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for Which order to complete program is exempted (it is recognized that there are special circumstances in which order to complete program cannot be imposed, considering that each foreigner is unable to use Korean language)

1. Amount of a fine not less than 50,000 won but not more than 15 million won for each of the applicable sentences in law; and

2. The sentencing criteria shall not apply since each of the sentencing criteria has been selected to impose a fine according to the scope of recommendations.

3. The crime of this case by which the Defendants committed the act of indecent act by compulsion by force on the part of the Defendants, who play the water at a bathing beach, is not guilty of the nature of the crime, and the victim’s sexual records are significant.

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