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(영문) 대구지방법원 2019.02.15 2018고단3132

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

1. On April 3, 2018, at around 15:20 on April 3, 2018, the Defendant discovered the victim B (the victim 22 years old), who was an employee of the Maart, who was staying in the display stand at the D-1st underground floor distribution store located in Daegu North-gu, Daegu-gu, Seoul-gu, found his body. The victim's left part is coming behind the victim, and the victim's own hand turns back to the victim's her part once, and the victim's left part is turned back to the victim's back to the latter, and the victim's left part is turned back to the victim's part once, and the victim's back to the victim's second part, and in his hand, the victim's left part her part her part her part her part her part her part her part her part her part her part her part is forced to commit an indecent act by force.

2. On April 3, 2018, the Defendant: (a) discovered the victim E, a staff member of the said marina, who was aware of the body and found goods at the freezing 1st underground floor as indicated in paragraph (1) around April 15:30, 2018; (b) discovered the victim’s back to the victim; and (c) committed an indecent act by force on the victim’s right side with the victim’s own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness B and E’s respective legal statements;

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the Defendant’s crime of this case, appears to have caused a considerable sense of sexual humiliation, and the fact that the Defendant did not receive or agree to do so from the victim is disadvantageous.

Considering the fact that there is no record of criminal punishment against the defendant, the fact that the defendant makes a confession of the crime of this case that is late after the defendant and reflects his mistake, etc. in favor of others.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct of the accused, are integrated.