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(영문) 의정부지방법원 2017.10.12 2017고단3172

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On May 6, 2017, the Defendant, “D cafeteria” located on the 1st floor of the Dong Government-si Building C around 00:20, when the Defendant talked that she drinks with the victim E (the name of the victim, the 33 years old) to drink the alcohol, the Defendant left the rest of the victim in the toilet in the future of the above building where the victim was fluor, and tried to use the victim “I am am hyth, and I am hyth,” and the victim from the toilet was hythly tried to use the victim for the victim again.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E;

1. On-site photographs;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted and investigated by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the Defendant had no or weak ability to discern things at the time of the crime.

The reason for sentencing is not that of the crime in this case in light of the content and result of the crime in this case.

However, the defendant generally shows an attitude of recognizing and opposing his mistake, and considerable compensation for damages (20 million won) has been made by making a serious effort to reach an agreement, and the victim has accepted it and did not want to be punished by the defendant.

On April 6, 1985, the Defendant received a fine of 200,000 won due to a violation of the Punishment of Violences, etc. Act.