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(영문) 서울중앙지방법원 2017.03.31 2016고단9131
준강제추행
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On August 13, 2016, the Defendant discovered a female infinite’s name and unexplosion in the front line of the subway No. 4, the subway No. 504, which was located in Si/Gunpo-si, Mapo-si, Mapo-si, and 504 on the backside of the subway No. 504, with a color finsphers in front of the front line, and find the victim’s left shoulder one time with his/her upper part of the front line.

2. On August 13, 2016, the Defendant discovered a female suffering from the name influorial seat of the passenger vehicle in front of the train run in the 130 pande of the subway No. 4, which is located in the 750-ray of Military War of Mapo-si on August 13, 2016, in front of the train operating from the air basin of the 750-ray of Military War, to the air basin of the 130-ray of the air, and fluorially damaged the victim’s left shoulder by sitting back to the fluorial vehicle, and fluoring the victim’s left shoulder.

Accordingly, the defendant committed an indecent act against each victim in a state of resistance that he was unable to resist on two occasions.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report (the case of additional examination for wooden darcts);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts and the choice of fines (only when denying the facts of crime, consideration shall be given, such as the nature and degree of conduct, the attitude and frequency of conduct, the number of times of conduct, and the fact that there is no record of criminal punishment);

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. If a conviction on each of the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

An order of disclosure and notification.

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