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(영문) 서울남부지방법원 2020.08.28 2020고단3100

강제추행

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant is a panel funded by B channel “C” program, and the victim D (the name, the age of 23) is a person who has participated in the said program.

1. On March 25, 2020, between 00:00 and 00:30 on the same day, the Defendant: (a) at the main point of “F” located in Yeongdeungpo-gu Seoul Metropolitan Government E; (b) provided that the victim said that he was “F”, the victim was unable to drive the victim’s face and hand by hand; (c) provided that the victim’s chest was able to talk with the victim’s chest and knife the victim’s knife; and (d) took the victim’s knife into the victim’s knife

2. On March 25, 2020, between 01:00 and 01:30 on the same day, the Defendant committed an indecent act by force against the victim by putting the victim in front of the residence of the victim located in Yeongdeungpo-gu Seoul Metropolitan Government, holding the victim into the chemical team by putting the victim, holding the victim into the chemical team, and raising the victim into the breath of the victim’s breath, and holding the victim into the breath of the victim’s drinking part out by hand.

3. On April 6, 2020, the Defendant: (a) around 01:00, within the H building I of Yeongdeungpo-gu Seoul Metropolitan Government H building, she spared the body of the victim who entered the guest room in order to bring about the Defendant under the influence of alcohol; (b) she spared the victim’s shoulder with his/her hand, laid off the victim’s shoulder so as to be pushed off the victim’s shoulder so as to be pushed off; and (c) she committed an indecent act by force against the victim by taking the victim’s body above the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to police statements made to D;

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

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. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The victim can be punished by the defendant by agreement with the victim when recognizing the crime.