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(영문) 창원지방법원 통영지원 2013.06.12 2012고정561

강제추행등

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On June 16, 2012, the Defendant: (a) committed indecent act by compulsion on the part of the victim C (the 33 years of age), who was protruding in front of the Ecafeteria located in D on June 16, 2012, on the ground of influence in the front of the Ecafeteria; and (b) committed indecent act on the part of the female by force.

2. In the same date, time, and place as mentioned in the above paragraph, the Defendant assaulted the victim C’s left part of the said victim C at one time on the ground of influence.

In this respect, the victim suffered damage from the loss of the body, the salt and tensions of the back-to-land array bags, the salt and tensions of the Yacheon (Indunes), and the salt and tensions of other specified parts of the body, which require treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (the attachment of a victim's diagnosis report);

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 257 (1) of the Criminal Act and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Inasmuch as a judgment of conviction was rendered against a defendant who shall submit personal information under Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence, a defendant is subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station as prescribed in Article 33 of the same Act, in cases where