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(영문) 수원지방법원 성남지원 2019.06.04 2019고단634
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 24, 2018, at around 22:37, the defendant worked in the above restaurant 11 in the "C" restaurant operated by the defendant in Seongbuk-gu, Sungnam-si, Sungnam-si, and play after the retirement, as the victim D (name, leisure, 35 years old) was drinking with the mind of committing an indecent act against the victim while playing in the above restaurant, and was in the inside of the victim's right humbbbbbbs with his hand. In order for the victim to get out of the situation, the defendant humbbbs of the defendant's hand in order for the victim to take away from the situation, the defendant humbs of the defendant's shoulder, the humbs of the victim, and the humbs of the victim, and the victim humbing the victim into the victim's face, and humbling the victim's face, and humping the victim's face, and kum out the victim's face.

At around 23:50 on the same day, the Defendant discovered the victim who waits for the retirement of other employees in the above restaurant, and forced him to leave the victim by hand, and the victim refused to do so as to read “the victim’s awareness of the bombation”, thereby inducing the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness of the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (CCCtV video data attached), CDs, investigation reports (report on video conversations E.);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is 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, and the defendant is obligated to submit personal information to a competent

An order of disclosure;

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