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Reasons
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(영문) 청주지방법원 2013.03.14 2012고정986
강제추행등
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On August 15, 2012, around 15:10 on August 15, 2012, Defendant A, while under the influence of alcohol with friendship B, sold goods to the E market located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and walked. Defendant A was frighted to the victim G (n, 54 years old) who had her clothes from the front side of the Fung-si.

As the Defendant said, “the victim drinked how much drinking,” the Defendant called “the victim drinked,” and “the victim’s chest was sent to the victim on a one-time basis,” and the victim’s chest was sent to the victim on a one-time basis.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendants jointly committed an act of compulsiond by indecent act at the same time and place as above, and upon receiving the victim’s claim “unfeasible”, Defendant A took the victim’s left hand, took the victim’s left face one time, and Defendant B divided the victim’s back part by hand.

As a result, the Defendants jointly inflicted an injury on the climatic salt, which requires approximately two weeks of treatment on the victim.

Summary of Evidence

1. The defendant A's partial statement

1. Legal statement of witness G;

1. A suspect interrogation protocol of the police officer;

1. Statement of the police officer in G (Attachment of a medical certificate);

1. Each statement;

1. Application of Acts and subordinate statutes to a report on investigation (Visits);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 298 of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

(b) Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

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

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