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(영문) 부산지방법원 2017.07.12 2017고단2601

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

Defendant

A (34 Does, South) is a person who works as a restaurant C cafeteria located in Busan Dong-gu B.

In the frequency of the defendant's work, the victim D (n, 21) is between ice ice ice and the case E (n, 50) is between the workplace club in which the defendant works in the main room.

On the day of the case, three persons, including the defendant, drink the alcoholic beverage at the G Sing shop located in the Dong-gu F, and play the music.

On October 22, 2016, the Defendant, at around 02:40, 02:10, 40 the four-story G 28 rooms of the Dongdong-dong F F building, performed alcoholic beverage with E, singing with the victim, and singing with each other, and when the victim and E have talked with each other, they committed indecent acts, such as: (a) the Defendant, on behalf of the victim, was able to talk with the victim to talk with the other; (b) the Defendant, on behalf of the victim, was able to talk with the other; and (c) the Defendant, on behalf of the victim, she took a sing room to talk with the other; (d) the Defendant forced sing the body of the victim who singing with the other; and (e) the Defendant committed an indecent act by force, such as drinking with the other sing clothes; (e) drinking with the upper part; (e) around the world; and (e) drinking with the other part.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. Application of Acts and subordinate statutes to investigation reports, response to requests for appraisal, and genetic appraisal;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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. Where a conviction becomes final and conclusive on the facts constituting a sexual assault crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of the crime of this case, and the defendant's age, occupation, risk of recidivism.