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(영문) 춘천지방법원 2020.10.06 2020고단314

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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On December 13, 2019, at around 22:58 (see, e.g., evidence No. 13), the Defendant left the “C” building located in Chuncheon City B (see, e.g., evidence No. 13), followed by the victim D (one’s name, two years of age, 34) who was returning home) and left the part of the victim’s left chest, putting the victim’s chest into the fastener that he suffered (see, e.g., evidence No. 38 of the record), and rejected the victim’s chest on two hand, but continued to look back several occasions, as the Defendant took charge of the victim’s left chest, by going back his hand.

(See Article 39 of the Evidence Records) Accordingly, the Defendant committed an indecent act by assault against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. E statements;

1. Application of Acts and subordinate statutes in Chapter 12 to 12 reported case processing lists, photographs of the victim's portraits at the time of damage, five on-site photographs, CCTV closure photographs;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. According to Articles 10(2) and 55(1)6 of the Criminal Act for Mitigation and Mitigation of Mental Injuries [Article 10(2) and 55(1)6 of the Act (see, e.g., Supreme Court en banc Decision 2000Hun-Ga20, Sept. 18, 2020) on the preparation of a copy of medical records submitted by the defendant to this court and the written opinion of the professional examiner designated by this court (see, e.g., the protocol of the trial of Sept. 28, 2020), the defendant was diagnosed from around 206 to receive hospitalized treatment for a considerable period after receiving the diagnosis of “Psonsonson’s disease,” and the act