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(영문) 인천지방법원 부천지원 2017.11.08 2017고단2109
강제추행
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a worker of entertainment shop C, and Defendant B is a person who has been a guest of entertainment shop.

1. Defendant A’s indecent act committed an indecent act against the victim’s will, on November 05, 2016, at around 01:00, Defendant A committed an indecent act that could cause sexual humiliation against the victim’s will by reporting the appearance that Defendant B, a customer, puts one bridge into a sofet and sing out a singing on the second floor C with one bridge, and inserting one’s hand between a bridge, and taking the drinking part into a scam.

2. Defendant B injured Defendant B at the same time and place as above 1, and at the same time and place, Defendant A had a sense of shamed about the tension of his sexual organ, and used the balth of Defendant A’s flaps and flaps and flapsed Defendant A’s flaps, and flapsed Defendant B’s flaps as head.

Accordingly, the defendant suffered from the victim's bodily injury, such as tearing a musta, breathing, and so on.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. The application of Acts and subordinate statutes to photographs and investigation reports (referring to submission of a suspect's report on non-damage A) at the time of the victim's damage to A;

1. Relevant Article 298 of the Criminal Act; Defendant A who choose a fine: Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Selection of a fine;

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

1. Order to complete a program: The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are both recognized and reflected by the Defendants.

At the investigation stage, the part of the injury was originally agreed.

Defendant

A has no record of crime before the instant case.

In addition, the degree of injury, degree of conduct, contingency, the age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc. are considered as a whole.

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