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(영문) 광주지방법원 2019.02.15 2018고단3278

강제추행

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who visited "B" as a customer, and the victim C (the family name, the age of 21) is a worker.

On July 8, 2018, around 00:30, the Defendant committed an indecent act against the victim in such a way that, in front of male and female toilets located in the first floor and the second floor of the D Commercial Building in Gwangju-gu, Gwangju-gu, the Defendant reported a studal, and came back to “B” on the first floor underground, and when the Defendant ran out the victim from the stairs of the first floor, 50,000 won in cash on the victim’s hand, the Defendant carried out a shoulder-working with the victim’s hand, while the victim was pushed down, but the victim was tightly pushed down on the right side of the victim’s left part, and was under the influence of the victim’s entry, and the victim committed an indecent act by driving the victim’s shoulder on his hand, with his hand, and by driving the victim’s hick.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Requests for appraisal;

1. Application of statutes on field photographs;

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

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, had a record of being sentenced to a fine for the same indecent act by force as the instant crime in 2017, and the liability for the instant crime is heavy by committing the instant crime.

The punishment as ordered shall be determined by taking into account the following factors: the defendant's mistake and reflects; the victim does not want the punishment against the defendant under an agreement with the victim; the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime, etc.; and the various sentencing conditions specified in the trial process, such as the records and circumstances

Where a conviction against a defendant is finalized on the criminal facts of this case, which are sex crimes subject to registration and submission of personal information, the defendant shall be punished for sexual crimes.