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(영문) 서울서부지방법원 2018.07.20 2018고단1379

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

The Defendant is an honorary professor of the C University music faculty, and the victim D (V, 25 years old) is a free-to-land owner.

On January 25, 2018, the Defendant: (a) around 11:20, at the Defendant’s residence located in Mapo-gu Seoul Mapo-gu apartment complex 202; (b) stated that, for the Defendant’s sexual practice, the Defendant was “a person to become a member of the Gu”; and (c) stated that it was fit to the view of the victim; and (d) took place in the place of the victim’s play, “I am to the end of the year.”

E. E. E. Rason L.C.

In the case of paragraph (1), “the victim is more fluord with only one valley,” and “the victim starts again, one hand after the victim became aware of the victim and uses it from the lower part of the victim’s chest to the right side by another hand,” and “the victim is fluord with the fluor at any time after the date,” and “the victim is fluord with the fluor in order to have a new outbreak.”

In other words, the victim was forced to commit an indecent act by force, such as taking the victim's hand and suffering the victim's hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Investigation report (to record telephone conversations with the suspect who has submitted the victim);

1. Application of Acts and subordinate statutes to the victim and the victim telephone communications technology (a victim's statement that conforms to the facts constituting an offense may be sufficiently reliable in light of the fact that there is no special reason to harm the defendant, who is an honorary professor of sexual intercourse, although the victim alleged that the victim did not commit an indecent act against the victim, the victim's statement that conform to the facts constituting an offense may be sufficiently reliable in light of the fact that the victim's identity and consistency

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The background, method, and prosecution of the crime;