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(영문) 서울남부지방법원 2015.07.10 2015고단1819

강제추행등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around March 6, 2015, the Defendant committed indecent act by compulsion on or around March 6, 2015, committed an indecent act by compulsion on or around March 23:30, 2015, at the main point of “C” located on the second floor 210th floor of the apartment building B in Guro-gu Seoul, Guro-gu, Seoul, the Defendant committed an indecent act by forcing the victim by kis on the left side of the victim himself, who is a subordinate employee of the workplace, while drinking alcohol.

2. On April 6, 2015, the Defendant committed an attempted indecent act by compulsion on or around April 6, 2015, at the main point of “F” on the second floor of the building E in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, around April 23:55, attempted to take the victim’s face with the victim’s own hand while drinking with the victim D and alcohol, and forced the victim to commit an indecent act by force. However, the Defendant attempted to prevent the victim from having his/her head familiar with the wind.

3. On April 7, 2015, the Defendant committed a indecent act by compulsion on or around April 7, 2015, at the main point of the “F”, around 01:05, the Defendant: (a) went home from the main point of the “F”; (b) and (c) took a taxi for business use on the number omitted with the victim; (b) took home with the victim, and (c) took home with the victim’s own hand, and committed an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to each investigation report (hereinafter referred to as the "Kakao Stockholm", the letter sent by the victim, and the place of damage);

1. Articles 298 and 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act and the choice of fines for the crime in question;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good in light of the method and content of the crime of this case, but the defendant is the first offender. The confession of the crime of this case is against the victim, the victim does not want the punishment against the defendant by mutual consent with the victim, and the age, character and conduct, environment, and circumstances of the crime.