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(영문) 수원지방법원 2016.08.18 2016고단2767

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 25, 2015, around 00:37, the Defendant committed an indecent act, such as discovering the victim E who returned home on the roads in Gwangjin-gu Seoul Special Metropolitan City, and following the victim, inserting his hand into the beama of the victim, and making the victim fit.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A criminal investigation report (verification of the fact of damage from the victim) (the defendant and his/her defense counsel asserted to the effect that there is a fact that the defendant has a strong body of the victim, but there is no fact that the defendant has a negative body. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court, i.e., the victim, consistent with the investigation agency, consistently with the following circumstances: (i) the defendant put his/her hand into a panty line after the victim's back to the victim into a panty line; and

In light of the following: (a) the statement made by the victim is reliable; (b) the victim’s statement is at the risk of sexual humiliation and there is no special motive or reason to mislead the defendant; and (c) the defendant has committed an indecent act by force due to the victim’s negative behavior.

Therefore, the above argument shall not be accepted.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed an indecent act by force by exposing the victim on the road at night by inserting his/her hand into the victim’s knife. Considering the circumstances leading to the offense, method of prosecution, etc., the nature of the offense is inferior.

However, considering the fact that the defendant agreed with the victim, the first offender, etc., the defendant's age, health status, family relationship, etc., and all of the sentencing conditions shown in the changed theory.