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(영문) 대전지방법원 2018.05.24 2018고단793

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 December 2, 2017, around 04:11, the Defendant: (a) committed an indecent act by force, following the instant victim’s net victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Legal statement of witness F;

1. On-site CCTV closure photographs, investigation report (on-site investigation, etc.), CCTV closure photographs, and on-site CCTV CDs (the Defendant and his defense counsel, with the entrance of the amusement room at the time of the instant case narrow, and thus the Defendant’s hand can cover the part of the victim’s secret. However, the Defendant asserted to the effect that there was no fact that the Defendant had the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The above evidence duly adopted and examined by this court, including the victim's statement, is sufficient to fully recognize the fact that the defendant committed an indecent act against the victim's will, as stated in the facts charged in the judgment, with the intent to commit an indecent act by force.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the defendant’s age, occupation, sex, environment, motive and means of crime, results, etc., and the various conditions of sentencing as stated in the argument of this case, and the sentence shall be determined as ordered by taking into account the following circumstances.

D. Unfavorable circumstances: The liability for the crime of this case shall be light in light of the circumstances and contents of the crime of this case.