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(영문) 수원지방법원 2017.09.28 2017고단4957

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 3, 2017, at around 16:40, the Defendant requested the victim C (one, half, 54 years old) to withdraw cash in order to view the banking business at “2 Dong-dong branch of the Saemaul Undong Bank Co., Ltd.” located in Suwon-si, Suwon-si. However, the Defendant requested the withdrawal of cash from another cash withdrawal machine located in the neighborhood. However, the Defendant requested the victim who did not withdraw cash from the said cash withdrawal machine to withdraw cash from the other cash withdrawal machine located in the neighborhood.

1. The Defendant, at around 16:53 on the same day, 16:53 at the “E post office” located in Young-si, Suwon-si, Suwon-si, the victim’s net losses that manipulate the cash withdrawal machine, which led to the victim’s her her sent.

2. The Defendant again asked the victim who did not withdraw cash from the said cash withdrawal period to withdraw cash again from another cash withdrawal period in the neighboring wife, thereby requesting the victim to withdraw cash, and the Defendant also went to the “Seoul G branch” located in Young-gu F in Suwon-gu, Suwon-si.

At around 17:08 on the same day, the Defendant directly withdrawn cash from the “CF G branch,” and sent several copies of the victim’s side by the AFF’s own hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of the Acts and subordinate statutes to the screen by cutting off screen pictures with which the crime scene is recorded;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the method and mode of the instant crime; (b) the victim’s intent to punish the victim; (c) the Defendant reflects the mistake; (d) the Defendant has no record of having been punished for the same kind of crime; and (e) the Defendant suffers from dementia due to Albimer’s disease; and (e) the Defendant suffers from dementia after committing the crime.