beta
(영문) 서울북부지방법원 2016.09.22 2016고단1610

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 28, 2016, at around 04:30 on February 28, 2016, the Defendant, along with the victim E (at the age of 23) who is an employee of the said main shop in Gangnam-gu Seoul Metropolitan Government, drinked the victim in the aftermath of the victim who was singing in the show where the victim was sing in the show where he was sing down, and sing the victim's chest part of the victim's chest with one hand, sing the victim's chest, sing another hand into the bed part of the victim's body, and sing the victim's refusal to do so, and therefore, the Defendant would play in what way it became known that he had paid the inside.

“In doing so, the victim’s chest was satisfyed with his hand, and the victim was forced to commit an indecent act by inserting his hand into the clothes of the victim’s satisf.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Application of the law of the police statement protocol to F;

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 full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

3) Determination of the argument of the defendant and defense counsel

1. Although the defendant alleged that he/she committed the act as described in the facts charged, the defendant's act cannot be deemed as a forced indecent act because he/she had the victim's implied consent.

Even if there was no implied consent of the victim, the defendant is misunderstanding the victim's body.