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(영문) 인천지방법원 2018.08.13 2018고단3754

강제추행

Text

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

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

Reasons

Punishment of the crime

On April 4, 2018, around 02:10, the Defendant, along with the victim F (name, f., age 25) working at the E located near the Nam-gu Incheon Metropolitan City D, performed drinking at the place, and f.a. B. B., while walking together with the victim, the Defendant f.h., and f.h., f., went to the said f.h., the victim of f., “30 minutes of sex relationship.” The Defendant, while walking together with the victim, f.h., went to the said f.m., after having become aware of the victim.

The Defendant continued to attract the victim's arm's length and so on by force, and forced the victim to board the telecom elevator, and forced the victim's arms by hand before the 607 motherel room, and led the victim to the telecom.

Since then, the Defendant got the victim over the bed in the bed room by pushing the victim, and went back the victim's body and then escaped the victim's shoulder, and divided the victim's shoulder by 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 prosecution against the F;

1. Application of the Acts and subordinate statutes governing CCTV CCTV CDs;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are exempted from the employment restriction order (the defendant's previous conviction, the form of the act in this case, and the degree of reflectivity, are judged to have low risk of reoffending by the defendant);

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

Defendant.