beta
(영문) 대전지방법원 천안지원 2017.05.12 2016고단2597

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. On August 27, 2016, the Defendant: (a) committed an indecent act by force against the victim E (the 24th and the 24 years old) who was a married victim, in front of the “D main store” located in Seo-gu, Seocheon-gu, Seocheon-gu; (b) 2013, in a timely manner, she saw the victim’s desire to report the victim E (the 24 years old) before the Defendant; and (c) she committed an indecent act against the victim by using the victim’s left hand with his/her left hand.

2. The Defendant was assaulted on August 27, 2016 at the places indicated in the preceding port around 02:05, and “Iseverever” from the damaged person;

followed. Sheet her her mar;

To hear the claim of "to report to the police", the victim "I am about the young age, I am about the report, I am about the young age, I am about the young age, I am about the old age," and assaulted the victim when I am about three times the left head of the victim's left head.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each photograph;

1. Recording CDs [this is recognized that the defendant committed an indecent act or assault against the victim in full view of the following: (a) the victim made a consistent and specific statement in an investigative agency and court as to the background and form of the victim's indecent act or assault against the defendant; (b) the situation before and after the victim; and (c) there are no circumstances to make a false statement; and (d) the investigative agency and legal statement of witness conforms to the victim's statements.]

Application of Statutes

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for a crime;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act does not recover damage on the grounds of the sentencing, the fact that there is no record of criminal punishment except for a fine imposed once due to the crime of assault, and the degree of prosecution, assault, etc.