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(영문) 전주지방법원 2018.06.15 2018고단673

강제추행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. 강제 추행 피고인은 2017. 11. 12. 00:50 경 전주시 덕진구 B에 있는 C 상가 엘리베이터 안에서 문 쪽을 바라보고 서 있는 피해자 D( 가명, 여, 20세) 의 뒤에 서서 무릎으로 피해자 왼쪽 엉덩이 부위를 1회 툭 치는 방법으로 피해자를 추행하였다.

2. Around November 12, 2017, the Defendant: (a) committed an indecent act, such as the foregoing paragraph 1, on the street in front of the C commercial building located in Seojin-gu Seoul Metropolitan City, Seojin-gu; (b) committed an assault on the part of the victim at the right right buckbbbbbbbs, following the Defendant’s defect that “the police has broken off; and (c) committed an assault on the part of the victim at the right buckbs.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing field photographs, photographs, CCTV images CDs;

1. Articles 298 and 260 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. No order to notify registered information shall be issued pursuant to the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account all the circumstances, such as the degree of an indecent act committed by a person committed or exempted from notification of registered information under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse;