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(영문) 서울동부지방법원 2015.06.04 2014고단3786

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. On November 29, 2014, at around 01:00, the Defendant was able to get off the boomer in front of the said D at the E-cafeteria operated by D (Inn, 28 years of age) located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “D”), and was able to have his sexual organ taken out twice.

Accordingly, the Defendant publicly committed an obscene act.

2. The Defendant, at the time and place indicated in the preceding paragraph, made a request that the victim D (at the age of 28) end the business, and the victim D (the age of 28) was asked to do so, and the victim’s left chests in front of the Aggravated Doctrine were sent to the Defendant’s left chests one time in the Defendant’s hand, and said, “F would be good,” and said, “F would be bad.”

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to criminal investigation reports (related to panty of a suspect), investigation reports (to hear statements from the victim);

1. Relevant Article 298 of the Criminal Act and Articles 298 and 245 of the Criminal Act concerning the crime, and the choice of fines;

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding the Provisions on Reduction of and Exemption from Liability (Article 10 (1) and (2) of the Criminal Act shall not apply to the sexual crimes of this case, although the defendant stated that the defendant committed a crime in a state of mental disorder caused by the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Personal information shall be registered and submitted by taking into account the following factors: (a) the degree of indecent act is relatively heavy as a contingent crime for sentencing in Article 334(1) of the Criminal Procedure Act; (b) the defendant recognized his mistake and agreed with the victim; (c) the defendant has no previous conviction; (d) the defendant's health is not good; and (e) other factors of sentencing as indicated in the record, such as age, occupation, character and conduct, family relationship, and circumstances before and after the crime.