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(영문) 대구지방법원 2019.08.09 2019고합178
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 23, 2019, at around 12:05, the Defendant: (a) passed before the “G University,” located in F, on a D-E bus operated from the bus platform located in Busan-si, a Daegu-si; (b) the head car of the Victim H (the 22-year old), seated in his front seat, was fluored by the finger, and was fluoring the victim’s side interest due to his finger.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. CCTV closure photographs, closure photographs of the details of I conversations, and 112 reported processing records;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of CCTV images inside a bus, closure photographs submitted by the victim, and a report processing slip 112);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing in light of the Defendant’s age, means and method of committing a crime, results, expected side effects of disclosure or notification order, disclosure or notification order, the effect of preventing sexual crimes subject to registration and protecting the victims thereof, etc., where it is deemed that there are special circumstances where disclosure or notification of Defendant’s personal information should not be made, considering the Defendant’s age, means and method of committing a crime, disclosure or notification order, the effect of preventing sexual crimes subject to registration and protecting the victims, etc.

1. Legal provisions;

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