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(영문) 부산지방법원 2016.07.20 2016고단1285
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 1, 2016, the Defendant committed an indecent act against the victim, on the part of E located in Busan Jin-gu, Busan on March 1, 2016, by closely sticking the victim (e.g., 19 years old), who was danced in the sprink, and by committing an indecent act against the victim, such as taking the victim's right chest back to the victim's knife, making the victim's right chest into the victim's knife, and making two times the victim's right chest under the clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. The defendant denies the criminal intent to the effect that each police statement made to F and H [the male who had danced at the victim's adjacent part is only a man who had the victim's knife and knife the victim's knife and did not intentionally take the victim's knife.

However, the victim has consistently stated to the effect that “the defendant was able to have a son, not a dancing, and caused the chest to her chest over two occasions,” and thus, it is difficult to accept the defendant’s argument (On the other hand, the witness F made a statement from this court to the purport that it conforms to the defendant’s argument, but the witness F did not mention the above witness’s fact to the investigation agency at the scene of an indecent act by force, and made a statement consistent with the defendant’s argument, in light of this court’s witness’s witness’s witness’s testimony, and other relation between the defendant and witness, etc., it is difficult to believe the above statement).”

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In a case where a conviction becomes final and conclusive on the facts constituting a sexual assault crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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