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(영문) 대구지방법원 김천지원 2018.03.28 2017고단1835

강제추행등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant came to know from the victim C (n, 18 years old) and NAV AC. D.

1. On April 14, 2017, the Defendant committed an indecent act by force: (a) at a Fsing room located in Sinsan Sinsi; (b) at around 13:00, the Defendant committed an indecent act by force against the victim by forcing the victim to take the victim’s face toward the face of the Defendant by taking the victim’s face in two hands; and (c) at around 14:00 on the same day, the Defendant committed an indecent act against the victim while talking with the victim while she was sitting in front of the parking lot in Sinsan City at around 13:00; (d) the Defendant took the victim’s face, she took the victim’s face toward the Defendant’s face; and (e) took the victim’s face toward the Defendant’s face; and (e) committed an indecent act by coercioning the victim by force.

2. 협박 피고인은 2017. 5. 11. 21:09 경 구미시 H에 있는 피고인의 거주지에서, 피해 자로부터 피해자의 몸을 찍은 사진을 전송 받아 소지하던 중 피해자가 I을 차단했다는 이유로 화가 나, 피고인의 휴대 전화기를 이용하여 피해자에게 “ ㄲ ㅈ 세요 걸레야 ㅋㅋ ㄱ ㅋ니 사진 조 유포할라구

ㅋ ㅈ ㅋ J에”, “ 니 병신 대구 경산 사는 걸레 년이라고 소문 내줄게

내 돈 쳐 먹묵 고 ㄱ ㅋ 싹 ㅋㅋ ㄱ ㅋ ㄱ 차단 걸고 있네

When the Defendant does not hear the horses of the Defendant, such as sending the text message “Creh”, then posting the victim’s pictures to J to put them up for fear of spreading, thereby threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of the terms and conditions of intimidation statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Indecent acts by force: Article 298 of the Criminal Act;

(b) Intimidation: Article 283(1) of the Criminal Act;

1. Selection of an alternative fine for punishment;

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

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;