beta
(영문) 수원지방법원 2014.11.28 2014고단5796

강제추행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

1. The Defendant, at around 01:00 on September 17, 2014, committed indecent act by compulsion, the Defendant committed an indecent act by compulsion by force against the victim E (the victim 18 years of age) who was placed in a vehicle transfer parking lot for the 119-10 half-month 19-10 on the same Gu building, by taking the Defendant’s leakage or the head of the G-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. Around 02:00 on September 17, 2014, the Defendant was driving the said G Abro-ray vehicle at the section of about 15 km from the transfer parking lot in the 119-10 radius to the roads in the front of the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si under the influence of alcohol content 0.063% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. The circumstantial statement of the employee;

1. A mark of the measurement output of drinking;

1. Application of Acts and subordinate statutes to investigation report (final blood alcohol concentration);

1. Relevant legal provisions concerning the facts of crime, Article 298 of the Criminal Act selection of punishment, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, 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 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 appears to have been repented in depth, the fact that the defendant was smoothly agreed with the victim who committed an indecent act, the defendant's age did not exceed 19 years of age, and there was no record of criminal punishment, juvenile protective disposition, etc.