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(영문) 대구지방법원 2019.06.12 2018고단5705

강제추행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is between the victim C (n, 21 years of age) and 3 months in the United States Armed Forces affiliated with the United States Armed Forces of Gyeongbuk-gu.

1. On September 23, 2018, the Defendant: (a) 21:30 on September 23, 2018, 2018, by compulsiond the victim’s arms, and forced the victim’s arms in front of the fourth floor of the 4th floor of the “E” club located in Daegu-gu, Daegu-gu; and (b) the victim’s amblock was flicked once by the victim’s amblock; (c) the victim glicked the victim’s amblock on five occasions depending on the victim’s amblock; and (d) the Defendant’s amblick in coerciond the victim’s ambl

2. On September 23, 2018, the Defendant: (a) around 22:00 on the third floor of the above club, the victim’s head debt knife the victim’s head loan knife one time to back the victim’s head; (b) around 2:30 on the same day, the victim’s cell phone 6S on the floor of the above club was damaged by the victim’s knife at KRW 90,000 on the floor; and (c) the victim resisted the victim’s shoulder knife at one time on the ground that the victim resists it; and (d) the victim knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each legal statement of witness C, F and G;

1. A report on internal investigation (a detailed statement of the acceptance of a victim's diagnosis and a mobile phone);

1. Investigation report (on-site CCTV image analysis, etc.);

1. A report on internal investigation (a photograph of the body of the victim on his/her right side);

1. Application of the video CD-related Acts and subordinate statutes

1. Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act concerning the crime, the applicable law concerning the choice of punishment, the choice of fines, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.