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(영문) 수원지방법원 2016.06.02 2015고단6412

강제추행등

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 August 23, 2015, the Defendant: (a) refused the Defendant’s act as seen above at “E main shop” located in Suwon-si, Suwon-si, Suwon-si; (b) denied the Defendant’s act as above; and (c) took place continuously on the other hand; and (d) stolen the Defendant’s property worth KRW 1,400,000, total amount of KRW 1,400,000, at the market price of the victim’s possession on the other’s part, where the victim was placed on the other’s part.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A protocol of seizure and a list of seizure;

1. Application of CCTV CD-related statutes;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument ① The defendant taken the wall of the victim at the victim’s home, and took the cell phone of the victim and the victim’s cell phone. However, this is merely a fact that the victim gets off and gets out of the wall of the victim, and the victim gets out of the wall of the victim to calculate the drinking value on behalf of the victim, and the victim gets out of the wall of the victim, and the victim gets out of the victim’s body so there is no intention of illegal acquisition.

(2) The defendant has a intention to obtain unlawful profits from the defendant for household affairs.

Even if at the time, the defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.

2. Determination

A. (1) The following circumstances acknowledged based on the evidence duly adopted and investigated by this Court, i.e., the Defendant opened a bank of a drunk victim and taken the wall under his/her control.

If the victim's cell phone gets back with the victim's cell phone, he left the victim's cell phone with his own money, and if he wants to give the victim's body, he did not have only the wall and the cell phone.