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(영문) 서울북부지방법원 2017.01.19 2016고단3291

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 February 17, 2016, the Defendant: (a) around 21:00, at the D agency parking lot located in Junggu Seoul Metropolitan Government, called the victim E (56 years old) as an agent, and (b) requested the victim to drive the Defendant G carren vehicle on behalf of the Defendant to the Dobong-gu Seoul Metropolitan Government F, the Defendant’s house.

On February 17, 2016, at around 22:00, the Defendant left the front of the Dobong-gu Seoul Metropolitan Government Fransh vehicle, called “one kisk defect” to the victim, left the victim’s upper body toward the Defendant, cut off the victim’s body toward the Defendant, and caused the victim’s face to have the victim’s buck, snow, etc.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. A written diagnosis of injury;

1. A certificate of medical treatment;

1. The victim's photograph (the victim's statement in this law and in investigative agencies is generally consistent and specific as to the defendant's speech, contents of damage, the fear and response of the victim, the situation before and after the crime of this case, and the victim's unsatisfying due to vehicle repair cost, and its credibility is recognized in light of the victim's attitude of statement in this court.

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim by force.

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure order and order of this case.