beta
(영문) 서울동부지방법원 2016.01.28 2015고단2719

강제추행

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

The Defendant worked as the main restaurant in the name of “D” in Gwangjin-gu Seoul Special Metropolitan City, and the Victim E (V, 21) served as the employee of the said restaurant.

1. On May 7, 2015, the Defendant, at around 19:00, committed an indecent act by force by using the victim’s stringing the strings, after the string the strings at the waiting room of staff in the “D” restaurant and sitting down on the right side of the strings.

2. On May 7, 2015, at around 20:00, the Defendant committed an indecent act by force against the victim by force, such as: (a) the victim’s macks away from the right side of the victim who sits in front of the instant “D” restaurant; (b) the victim’s knee kel kel kel kelel kels on the right side of the victim’s left hand; and (c) the victim’s right hand kne kel kels down on the left hand; and (d) the victim’s kne kel kel kels on the right side of the victim’s right hand; and (e) the victim’s knebs, the right chest part, the upper part of the right chest, and the part of the victim’s kne kel kel with the victim’s kne kneb that moves into the damaged part.

Summary of Evidence

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. An investigation report (the telephone conversations at a restaurant);

1. CCTV CDs, voice recording CDs (the Defendant was aware of whether he was a victim, and was in contact with some body, but did not commit an indecent act against the victim. However, in full view of the content of the victim’s statements and CCTV images and voice recording files in this court and investigative agency, the Defendant is sufficiently recognized to have committed an indecent act against the victim as stated in the facts of crime).

Application of Statutes

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. The Criminal Act to attract a workhouse;