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(영문) 청주지방법원 2016.07.14 2016고단647

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant is a resident living in the Heak-gu Seoul apartment house 107 Dong-gu, Cheongju-si, and is an employee working for a security enterprise at the location D (Woo 25 years old), who is a victim of the victim D, who is an employee of the security enterprise;

Key and weight are several;

his body is a bad, a few retireds;

As such, while making a word close to sexual harassment, such as “brue,” the victim who was signed by the resident against the construction of neighboring officetels on August 15, 2015 at the above 13:00 Dong 107 Dong-ro 107 Dong-ro Do-ro Do-ro Do-ro Do-ro Do-ro Do-ro Do-ro Do-ro

“In doing so, an indecent act by force was committed on the part of the victim, by taking charge of the victim’s right arms and contact the victim’s chest.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol on D and E (determination of defense counsel's assertion) asserts that the defense counsel did not commit an indecent act against the victim at the time and place of the defendant's decision.

However, in full view of the circumstances such as the content of the indecent act and the situation at the time of the indecent act, witness’s statement is very specific and consistent, the witness’s statement also conforms to the above statement of the victimized person, and it is difficult for the injured person to find out reasons or motives such as the reason or motive that the injured person could not admit the defendant, the defendant’s above assertion by defense counsel is not acceptable.

Application of Statutes

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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 sentencing criteria of the Supreme Court sentencing committee is not applicable to the case where a fine is selected for the crime committed by the defendant on the grounds of sentencing Article 334(1) of the Criminal Procedure Act.

2.2.