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(영문) 대구지방법원 김천지원 2015.10.14 2015고단825

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 4, 2015, at around 23:33, the Defendant discovered the victim F (the 16-year old age), standing in the Defendant’s house Egra in Gumi-si D, and followed the Defendant’s intent to force indecent act by force. On the same day, around 23:48, at the entrance of the victim’s house in Gumi-si G, the victim’s house at the 1st floor of the H apartment 1st floor located in Gumi-si, Gumi-si, the Defendant committed an indecent act against the victim by force by making his left hand only once.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports [including one copy of the CCTV location map attached, 28 photographs of CCTV images, 1 copy of the vehicle inquiry report];

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (Selection of Fine: The defendant recognized the crime of this case and committed the crime of this case, and committed the crime of this case again in the future through mental and counseling treatment, etc. as his mistake is divided, and the defendant does not want the punishment of the defendant again; the defendant does not want the punishment of the defendant; the defendant is the first offender who has no record of criminal punishment up to this system; the defendant's family and branch members desire to have the wife of the defendant; the defendant's age, environment, family relationship, etc. are considered); and

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) proviso to Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of punishment for sexual crimes before the instant crime was committed, thereby