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(영문) 서울북부지방법원 2018.05.24 2016고단421

강제추행

Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On January 5, 2016, at around 12:00, the Defendant committed an indecent act by force against the victim in the “E cafeteria” operated by the victim D (Inn, 55 years of age) located in the Jung-gu Seoul Metropolitan Government, with the intent of “dacting” to the effect that the victim “dacting” was “dacting”. The Defendant, by hand, committed an indecent act by force on the part of the victim’s chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D and F (the victim in this law and investigative agency has consistently and specifically stated the victim's body at the time when the victim was frightened, the content of the damage, the situation before and after the crime was committed, and the situation before and after the victim committed an indecent act, and the behavior of the defendant and the victim immediately after the crime, and there are no other circumstances that make the victim false statements.

In light of the victim's attitude of testimony in this court, the victim's statement is recognized as credibility.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act by force against the victim.

Application of Statutes

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

The reason for sentencing is that the sexual humiliation or mental impulse is not less severe.

The injured party becomes a defendant in this Court.