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(영문) 대전지방법원 서산지원 2018.02.02 2017고단1008

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a business owner operating "B" carpet, and the victim C (V, 23 years old) is a person who works for the above carpet as part-time.

1. On November 8, 2016, the Defendant: (a) committed an indecent act against the victim’s will by force, against the victim’s will, by means of talking at the victim’s booms and macks that may cause a sense of sexual humiliation, after the victim’s occurrence of beverages in the B carpet located in Seosan-si, Seosan-si; (b) on November 8, 2016, the Defendant: (c) committed an indecent act against the victim’s will.

2. 2016. 12. 5. 경 범행 피고인은 2016. 12. 5. 18:20 경 제 1 항 기재 카페 내 음료 반출 (Pick Up) 코너 앞에 서 있는 제 1 항 기재 피해자의 뒤편으로 지나가면서 갑자기 한 손을 피해 자의 왼쪽 엉덩이 아랫부분에 대고 손가락을 오므려 튕기듯 1회 만져 피해자의 의사에 반하여 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the CCTV closure photographs, CCTV images in a store, and CCTV screen CD-related Acts and subordinate statutes at the time of damage;

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

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. The degree of indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not relatively more severe, and it is the initial crime and is against the law.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.

Where a conviction becomes final and conclusive on the facts constituting a crime of sexual assault crime which is subject to registration and submission of personal information, the defendant shall be subject to special cases on the punishment of sexual assault crimes.