beta
(영문) 의정부지방법원 2016.06.10 2016고단573

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. On October 17, 2015, the Defendant forced indecent act committed an indecent act by force against the victim F (the victim 22 years of age), who is an employee, by taking advantage of the gap in which other employees have not yet arrived, while he was carrying the job in the same dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car.

2. In contrast to quasi-indecent acts, the Defendant gets on a taxi and the victim was unable to find his house as he gets on the same way after having finished a meeting, and the Defendant gets on a male staff room located G at his own city and gets off the victim’s house on the Defendant’s beds.

On the 18th day of the same month, the Defendant committed an indecent act by deceiving the chest of the victim who was unable to resist due to debrising first and under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of each police statement protocol to F;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of forceful indecent act), Articles 299 and 298 of the Criminal Act (the point of forceful indecent act) and the choice of fines, respectively;

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. In light of the reasoning for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., the Defendant’s liability is not minor if the Defendant considered that the victim, who is his subordinate employee, caused the instant crime, gave considerable sexual humiliation and psychological shock to the victim;

However, the defendant led to confession and reflect of each of the crimes of this case, there is no record of punishment for the same crime, and there is no record of criminal punishment other than punishment for a single fine, and deposit KRW 20 million for the victim, and the victim wishes to be punished by agreement with the victim.