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(영문) 수원지방법원 평택지원 2017.10.12 2017고단594

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 25, 2016, at around 22:00, the Defendant committed an indecent act against the victim by putting the victim at the shoulder of the victim, who had been provided with an insurance design victim D (at 43 years of age) with an answer to the insurance coverage. After having been provided with a type of food, the Defendant committed an indecent act against the victim by putting the victim on the shoulder of the victim who was seated at singing, and C sing out of singing, with the victim’s singing, with the victim’s singing of the insurance design victim D (at 43 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the interrogation of the suspect against the defendant (including DNA statements);

1. The victim's statement in the police statement protocol with D (determination of evidence) is highly reliable in light of the victim's specific and details of the statement and the degree of attitude of the statement in this court.

There is no motive for the injured person to take charge of business disadvantage, etc. and to identify the accused as a sexual crime.

The criminal facts may be convicted upon the statement of the victim.

Application of Statutes

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

1. Article 70 (1) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The crime of indecent act committed in the judgment subject to the registration of personal information is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in a case where a conviction becomes final and conclusive as to the crime of indecent act committed in the judgment subject to the registration of personal information in consideration of the following: (a) the victim embardds a considerable displeasure due to the crime committed in the sentencing of Article 334(1) of the Criminal Procedure Act; (b) the victim repeatedly attended in an investigative agency as a consequence of the denial of the crime by the defendant; and (c) the victim was killed or did not agree with the victim; (d) the degree of indecent act committed