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(영문) 창원지방법원 밀양지원 2019.09.10 2019고단209
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of a suburban bus B operating the suburban area for fisheries, and the victim C (the victim, the female, the age of 27) is a passenger boarding the suburban bus.

On November 4, 2018, at around 15:40, the Defendant: (a) requested the victim to return the bus list from the victim who misunderstanding him as a shuttle bus stoppinged in the cross-city bus located in Sin-Gun, Sin-gun; (b) returned the bus list cited in Sin-do hand to the victim; and (c) committed an indecent act by force on the victim’s right chest by using his own left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (tentatively named);

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of CCTV images of buses);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommending punishment] general standards for the crimes of indecent act by force (the objects at the age of 13 or older) in the basic sphere (6-2 or 2 years) of the crime of indecent act by force (the age of 13 or more) [decision of sentence] shall be determined by taking into account all the factors of sentencing as indicated above such as the following circumstances and the defendant’s age, character and behavior, environment, motive, background, means, means, consequence, circumstance before and after the crime, relation

Indecent act of indecent act by indecent act by indecent act by indecent act against the victim's chest to return bus tickets, it seems that the victim made a big sense of sexual humiliation.

The victim was not able to receive any conviction from the victim.

Defendant acknowledges and reflects crimes.

There is no significant penalty on the accused who has been punished for the same crime or who has more severe penalty than fine.

Where a conviction becomes final and conclusive due to a crime in which personal information is registered, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment,

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