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Reasons
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(영문) 의정부지방법원 2015.04.28 2014고단2371
강제추행
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Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant, while getting on or getting off a bus, walked the time expenses to the victim C (V, 22 years old) and his/her driving on the bus, and gets off the bus with the victim and his/her driving on the bus and gets out of the bus.

On May 2, 2014, the Defendant: (a) 19:15 on May 2, 2014, the Defendant laid the Victim’s arms in front of the Guri-si, with his hand, and (b) said that the victim spawns the Defendant’s hand and spawns the Defendant’s hand; (c) but, at the same time, the victim spawned on the right shoulder of the victim; and (d) spawned the victim’s right chest into three times, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of C and E;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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 reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete a program is not sufficient to commit the instant crime under the influence of alcohol.

However, the Defendant appears to have committed the instant crime by contingency, unlike the attitude denied by the investigative agency, and in this court, confession and reflects the body of the crime, the Defendant was detained for more than one month, which may be deemed to have been given compensation for the crime, and the Defendant did not have the same criminal records. In full view of all other circumstances, the Defendant’s age, character and conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc., and the sentence is ordered as per the Disposition.

The defendant is against the criminal facts of sexual crimes subject to the registration of personal information.

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