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(영문) 서울서부지방법원 2019.11.27 2019고단1750

강제추행등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 04:00 on March 1, 2019, the Defendant, in Mapo-gu Seoul Metropolitan Government, committed several indecent acts against the victim D by forcing the victim D by using her her her m, her m, her m, and forced her her m, and her her m, her her m, her head, her head, and her her m, thereby causing injury to the victim E, such as her sat, her sat, her sat, and so on, requiring approximately two-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of each police statement of E and D;

1. Each statement of E and D;

1. A medical certificate;

1. Investigation report (F telephone call for reference);

1. Application of the Act and subordinate statutes as a result of the fact-finding conducted to G hospitals (H);

1. Article 298 of the relevant statutory provisions on criminal facts provides that the Defendant and his/her defense counsel held that Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is not an indecent act by compulsion, is an act of “indecent act in public transportation means, public performance and assembly places, and other places where the public is concentrated,” and thus, Article 11 of the said Act should be applied.

However, it is clear that both provisions do not apply only to mutual exclusive rights, and in this case, the defendant committed an indecent act on the part of the victim without creating any gaps to resist against the victim, and constitutes indecent act by compulsion under the Criminal Act.

§ 257(1)(influence of injury) and selection of fines

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

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

1. 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 and the main sentence of Article 59-3 (1) of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018);

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, initially denied his/her criminal act and committed indecent act at a trial.