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Reasons
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(영문) 부산지방법원 2019.07.22 2018고단4826
강제추행등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 00:45 on July 25, 2018, the Defendant: (a) discovered the victim E (bee 26 years of age) who was waiting for a rest in the toilet in front of the “C parking lot” located in the Geum-gu Busan, Geum-gu, Busan; (b) discovered the bridge; (c) opened the bridge; (d) opened the bridge to the head of the victim D who was waiting for a rest in the toilet; and (e) taken the bridge from the bee toilet to the head of the household; and (e) took a call to the victim D, who took a taxi away from the scene to avoid fighting, and (e) took a bath to the victim E, and (e) took the victim E, took a taxi away from the scene to avoid fighting.

Accordingly, the defendant who d't get off the taxi in the taxi was threateninging the victim E's bath to the part of the victim E, which is a dangerous object that he or she was in his or her inner side (13 cm in length, 29 cm in length), and threatened the victim's desire to "the same year as this e-spath," and continuously threatened the improvement on the part of the victim D's inner part.

Accordingly, the defendant carried dangerous articles and threatened victims, respectively.

2. The Defendant, at the same time, at the same place as the above 1.3 time, and at the same time and place, as mentioned in the above 1.1.3, by threatening the victim E, and the victim committed an indecent act by force against the victim by using the victim’s chest, as the victim was sleeped one time in clothes.

Summary of Evidence

1. Each police statement of E and F;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) of the Criminal Act, Article 298 of the Criminal Act, and the choice of each fine;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

5. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), and the Gu.

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