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(영문) 광주지방법원 목포지원 2016.01.19 2015고단1486

강제추행등

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

1. On August 28, 2015, the Defendant forced indecent act: (a) from the D main points located in the Republic of Korea-U.S. C around 23:00 on August 28, 2015, he/she ordered the victim E (n.e., 19 years of age) who works for his/her employee; (b) provided the victim’s grandchildren twice by hand; (c) provided the shoulder part once by hand; and (d) committed indecent act by force by force by making two parts of his/her son.

2. The injured Defendant committed indecent act, such as the date, time, place, and description 1, as described in paragraph 1, was set up in Section F of the Victim F, the main point of the above D D, and was 34 years old, and took the victim’s cell phone, and took the victim’s cell phone into the body of the victimized person, and took the victim’s cell phone into custody for about 14 days, and took care of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A written diagnosis of injury;

1. Application of investigation reports (in cases of the scene of the incident, photographing photographs of the victim and photographs of damage caused by victim F damage), field photographs of the accused case, such as forced indecent conduct, investigation reports (in relation to attachment of indecent conduct photographs), closures of field photographs, etc. under statutes;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act of the choice of punishment (the point of forced indecent act), Article 257 (1) of the Criminal Act (the point of injury), and the choice of each fine (the fact that it appears that the defendant's mistake seems to be divided and reflects the defendant's wrong, the victims do not want the punishment of the defendant by their agreement with the victims, and the fact that the defendant has no past record of criminal punishment for sexual crimes).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) 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 to Order;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, criminal records, and criminal records).