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(영문) 대전지방법원 서산지원 2017.04.21 2017고단113

강제추행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 1, 2017, at around 23:55, the Defendant committed an indecent act on the part of the victim F (if the victim’s right knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife with the victim’s right knife knife at the victim’s right knife knife.

2. In the same time and place as described in paragraph 1, the injured Defendant listened to the horses “Chewing breath” from the victim F, who committed an indecent act as described in paragraph 1 at the same time and place as described in paragraph 1, and went to the victim’s head breath, and went to the victim’s face when taking care of the victim’s head breath, and went to the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to the report of 112 Incident and the written diagnosis of injury;

1. Relevant Article 298 of the Criminal Act, Articles 298 and 257 (1) of the Criminal Act, and the selection of fines for the crime;

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. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental or physical weakness or loss by drinking at the time of committing the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of committing the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

Although the degree of indecent act on the grounds of sentencing is not somewhat minor, the agreement with the victim is relatively minor, and the degree of injury is relatively minor.