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(영문) 춘천지방법원 강릉지원 2018.03.29 2017고단1277

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. Compulsory indecent acts;

가. 2016. 8. 하순 12:00 경 범행 피고인은 2016. 8. 하순 12:00 경 강릉시 C에 있는 D 사무실에서, 컴퓨터로 작업 중이 던 피해자 E( 여, 26세) 의 등 뒤로 다가가 양 손으로 피해자의 양 팔을 주무르며 피해자의 어깨 위로 피고인의 얼굴을 들이밀어 피고인의 볼을 피해 자의 볼에 비볐다.

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

B. Around September 14, 2016, the Defendant committed a crime on September 3, 2016: (a) committed an indecent act by force against the victim at the place specified in the foregoing paragraph 1’s (a) around September 3, 2016; and (b) in the same manner as the above 1’s (a).

(c)

On November 10, 2016, the Defendant committed a crime on November 11, 2016, committed an indecent act by force against a victim in the same manner as the statement in the above 1-A at around November 11, 2016, at the place where the above 1-A was recorded, and at around November 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to internal investigation reports (G and telephone communications);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, details and background of the crime, method and seriousness of the crime, record of the crime, disclosure order or notification order of the defendant exempted from the disclosure order, and the expected side effects of the disadvantage that the defendant suffers.