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(영문) 서울북부지방법원 2014.05.21 2013고단2513

강제추행등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 26, 2013, around 01:30 on May 26, 2013, the Defendant assaulted the victim’s hand by taking the knife from the victim F (V, 39 years of age) of the above main employee, who was in a store without calculating the drinking value at the main point of “E” of the first floor of the D Building underground in Jung-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes concerning G police statements;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Facts charged;

A. On May 26, 2013, the Defendant committed indecent act by compulsion, at the first floor “E” point of the first floor of the building D in Jung-gu Seoul Metropolitan Government, the Defendant: (a) caused a sudden desire for the calculation of the drinking value from the victim C (the 54 years of age), who is an employee; (b) caused the victim to have his/her finger covered by alcohol; and (c) stored his/her finger in the victim’s clothes; and (d) stored the victim’s chest.

B. The Defendant, without calculating the drinking value at the above date and place, committed assault by taking the victim’s hand knife at the main point and taking the victim’s hand knife and head.

2. Of the facts charged, an indecent act by force among the facts charged, falls under Article 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same), and the prosecution can be instituted only when the victim files a complaint under Article 306 of the former Criminal Act. The facts of assault constitute Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, since a written agreement was submitted by the victim on May 12, 2014, which expressed that the victim would not want the punishment of the defendant, this part of the prosecution is dismissed pursuant to subparagraphs 5 and 6 of Article 327 of the Criminal Procedure Act.