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(영문) 서울동부지방법원 2018.08.31 2018고단2073

강제추행

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a patient under the influence of alcohol who was sent to an emergency room in a hospital, and the victim C (the age of 24) is a person who works as a nurse at the above hospital.

On February 10, 2018, around 22:25, the Defendant was waiting for treatment at A-02 beat the emergency room of the hospital located in Seongdong-gu Seoul Metropolitan Government D, and the Defendant was waiting for treatment at A-02 in the emergency room of the hospital A located in Seongdong-gu, Seoul. On the Defendant’s top, the Defendant was able to collect the Defendant’s losses with the victim’s bucks with the bucks located in beer for beer for beer for beer.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement made by the police against C;

1. Response following a request for cooperation in investigation;

1. Investigation report (No. 10 times a year);

1. On-site photographs, copies of the 119 first aid activities;

1. Ctv video cd [Defendant and defense counsel] The possibility that physical contact with the victim at the time of the instant case could not be ruled out due to the defendant's act in light of the situation at the time, etc., and there was no indecent act by force against the victim as stated in the facts constituting the crime in the judgment. However, in full view of each of the above evidences, the fact that the victim was sprinked with the victim's sprinks by inserting hand with the defendant's sprinks as stated in the facts constituting the crime in the judgment of the Defendant can be recognized by inserting the sprinks of the victim, and the victim's sprinks can also be sufficiently recognized if comprehensive consideration is given of the specific contents of the instant crime, damage level, circumstances after the instant crime, etc.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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 62 (1) of the Criminal Act on the suspended execution;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) 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 by an order to attend a lecture [the accused and his defense counsel] is behind the Defendant under the influence of alcohol at the time of the instant crime.