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(영문) 서울북부지방법원 2017.06.15 2017고단392
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 November 16, 2016, around 02:40 on November 16, 2016, the Defendant, at Geumcheon-gu Seoul, Geumcheon-gu C and D’s park, sought dancing with the victim E (V, 44 years of age). In addition, the Defendant forced the victim to commit an indecent act by forcing the victim, such as having his her her amb, as he/she is in charge of it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness E and F (each statement made by the victim in the victim's court and investigative agency is generally consistent and specific as to the defendant's act, content of damage, perception and response, and circumstances before and after the commission of the crime, and any other circumstance in which the false statement is not visible, its credibility is recognized in light of this court's attitude to make the statement in this court.

According to each evidence of the judgment, the application of the law is recognized as a defendant's indecent act by force).

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The sexual humiliation of the victim is not against the law of the road in 1995, and the victim cannot be taken out from the victim.

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