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(영문) 창원지방법원 진주지원 2016.02.02 2015고단911

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 July 14, 2015, the Defendant, at around 13:30 on July 14, 2015, provided that, at the PT office, the Defendant provided a twit learning lessons to the victim E (the 19 years old), a member of the Defendant, who is a twiter, while attempting to correct the victim’s clothes with his/her hand, committed an indecent act by forceing the victim’s chest, and by forcing the victim’s chest on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement protocol against E andO (the defendant and his defense counsel denied the crime of this case, but the victim E has made a concrete and consistent statement from the investigative agency to the court, as to the circumstances where the crime was committed, and the circumstances before and after the crime, and made a false statement.

Since it is impossible to find out a suspected circumstance, the application of the law to the victim's statement is sufficiently reliable.

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. Where a conviction against the accused is finalized on the facts constituting the crime of sexual assault crime subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit his/her personal information to the head of the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of personal information, and the expected side effects of the defendant.