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(영문) 서울북부지방법원 2018.04.12 2017고단4802

강제추행

Text

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

When the defendant does not pay a fine, 100.

Reasons

A. The Defendant who committed the crime is an online engineer Co., Ltd.

The Defendant, around 14:50 on August 28, 2017, set up the Internet in the residence of the victim victim D(V, 52 years old) located in Dobong-gu Seoul Metropolitan Government *** such** the victim’s right right right right right right right right right right right right right right right right right right side part due to the Gap’s own left right hand hand, committed indecent act by force on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the victim, in this court and investigative agency, has consistently and specifically stated the victim’s chest part of the victim’s chest part at the time of committing an indecent act, and the situation before and after committing an indecent act, and immediately after committing a crime, the defendant has consistently and specifically stated his act, etc., and there is no other circumstance that may be a false representation in the statement.

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 not that sexual humiliation or mental impulse is less severe, but that is, the victim.