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(영문) 서울중앙지방법원 2013.12.11 2013고단6790

강제추행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 25, 2013, the Defendant committed an indecent act by compulsion by force against the victim by means of calculating the drinking value, etc. from the “Eker’s store” set at the victim D (Inn, 49 years of age) of the Sinpo City C building B01 on August 25, 2013 by credit card, and inserting the fluor receipt to the chest of the victim himself/herself.

2. On August 25, 2013, at around 21:50 on August 25, 2013, the Defendant interfered with business: (a) at the “EM stores” operated by the said victim D; (b) at the victim’s “EM stores,” the said victim’s resistance against indecent acts as described in the preceding paragraph, the Defendant took a bath to, and took a stop door; and (c) the Defendant took the Defendant’s day-to-day away from the main shop, but (d) on several occasions, the Defendant she took a bath, such as “prising, she was dead, she did not have any hot smell; (d) he was able to take the view that she would be able to take a walk of 50 minutes; and (d) the Defendant was unable to enter the said main shop, thereby interfering with the victim’s bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made to D by the police;

1. A written statement;

1. Application of the Acts and subordinate statutes on CDs or CCTV closure photographs;

1. Article 298 of the Criminal Act, and Article 314 (1) of the Criminal Act concerning the crime;

1. Selection of a selective fine for punishment (to take into account the fact that the victim does not want the punishment of the defendant by mutual consent with the victim, that the defendant lives faithfully without criminal records for not less than 20 years, and that the defendant has no criminal record of suspended execution or heavier punishment);

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

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

1. As to the facts constituting a sex offense subject to registration, Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be registered and submitted.