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(영문) 인천지방법원 2020.06.18 2019고단5093

강제추행

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person engaged in transportation business.

1. On March 3, 2019, at around 05:00, the Defendant committed an indecent act by force against a female victim, who forcedly commits an indecent act on three occasions a total of three occasions in the following ways: (a) the Defendant, while playing in the “C” located on the first floor of the building B located in Sinung-si, Ying-si, to string the victim D (the name of the victim, the 27 years of age) and the booming in the toilet under the influence of alcohol; and (b) the Defendant, from the corridor returning from the toilet to the toilet, forced the victim to have his her ambl with his ambl with his amblance, thereby committing an indecent act against the victim.

2. Around 10:00 on March 3, 2019, the Defendant, at the “F” located on the first floor of the building E located in Silung-si, provided meals with the victim, including the victim. On the other hand, the Defendant committed an indecent act by force against the victim, according to the victim’s personal suffering from the victim’s exposure, who reported that he/she would have come to the rest of the toilet and came to the rest of the toilet.

3. At around 11:00 on March 3, 2019, the Defendant committed an indecent act by force against the victim who smoked tobacco, on the part of the victim, with his/her own knife knife and knife at one time, on the part of the victim who smoked tobacco.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Entry of witnesses D and G in the third protocol of the trial;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes of the investigative report (number 8,9);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.