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(영문) 대구지방법원 김천지원 2015.10.14 2015고단824

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2015. 5. 3. 02:00경 구미시 B에 있는 ‘C’ 클럽에서 피해자 D(여, 22세)을 웃으면서 쳐다보고, 이에 피해자가 피고인에게 다가가 “왜 자꾸 저를 쳐다보면서 웃으세요 ”라고 묻자 왼팔로 피해자의 오른팔에 팔짱을 끼면서 잡아당기고, 피해자가 버티자 팔짱을 풀면서 왼손으로 피해자의 오른쪽 엉덩이 부분을 1회 움켜잡아 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to D and E;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (Selection of Fine: Consideration of the Defendant’s age, environment, background leading to the instant crime, circumstances after the instant crime, etc.);

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 the Disclosure Order and Notification Order; Article 49(1) proviso 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; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse is difficult to readily conclude that the Defendant has no record of punishment for sexual crimes before the instant crime was committed; and the Defendant is divided into the errors in the instant crime, and thus, can be seen to have the effect of