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(영문) 서울남부지방법원 2014.05.09 2013고단3228

강제추행등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 00:15 on May 4, 2013, the Defendant committed an indecent act by compulsion against the victim, such as: (a) the victim C (the 34-year age), etc. who became aware of through the Internet hosting cambling c, etc.; and (b) other camblings with the victim’s home; (c) the victim returned to home on the same day; (d) the Defendant attempted to put the victim’s hand under the influence of alcohol; and (e) committed an indecent act by force against the victim, such as holding the victim’s chest by force; and (e) taking the victim’s chest into the victim’s chest.

2. 폭행 피고인은 제1항 기재 일시 장소에서 피고인 몰래 위 노래방을 나가려고 하는 피해자를 붙잡은 다음 손바닥으로 피해자의 뺨을 2∽3회 때려 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to file a complaint, telephone details, and written confirmations;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines);

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Provided, That the maximum amount of fines prescribed for each crime as stated in the holding shall be aggregated);

1. Articles 70 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 under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18,

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant, on the grounds of conviction and sentencing, denies the crime of indecent act by compulsion. However, according to the evidence duly adopted and investigated by the court, the crime is sufficiently recognized.

The degree of indecent act and assault by the instant crime, the above fact that the Defendant denies part of the crime, and the circumstances, means, methods, and results of the instant crime, etc. shall be determined as ordered by taking into account.

The judgment is a sex offense subject to registration.