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(영문) 서울동부지방법원 2017.11.17 2017고단2010

강제추행

Text

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

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

Reasons

Punishment of the crime

The Defendant was a student in the second-year course of the University Department, and was in a motive relationship with the victim C, D, and E, as well as F, of the above University.

1. On February 14, 2017, around 23:30 on February 14, 2017, the Defendant committed an indecent act by force against the victim, such as: (a) he/she takes to go home to the subway J station located in Seoul Gwangjin-gu Seoul Special Metropolitan City, while moving together with the victim; (b) he/she gets his/her hand on his/her part, such as the victim who did not speak and refused to move; and (c) forced him/her to go back to the Defendant’s body.

2. On February 17, 2017, the Defendant committed an indecent act by force against the victim, such as breaking the body behind the above victim D (V, 20 years old) refusing to take a meeting within the main point of “L” located in K and in the second floor in Seoul Special Metropolitan City, Gwangjin-gu, and Seoul Special Metropolitan City on February 17, 2017.

3. On February 17, 2017, the Defendant committed an indecent act by force on the part of the victim E (here, 19 years of age) by using sparing the victim from behind the above victim E (here, 19 years of age), and by drinking the victim’s chest with his/her own hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the prosecution against E;

1. Each police statement protocol against M, N, D,O, or C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act concerning the facts constituting an offense;

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. The order is issued in consideration of the following facts: (a) the degree of each indecent act is not more severe due to the reasonable contingent crime in sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) the confession is contrary to the first offender; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the records and all of the conditions of the sentencing indicated in the previous theory, such as circumstances after the crime