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(영문) 대전지방법원 2017.03.17 2016고단3745
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim C (the family name, the female, the age of 21) are students of D University, who work in relation to the student conference, and have friendlyly come.

On March 18, 2016, the Defendant, at night, performed drinking in the vicinity of the new dormitory near the school at night, with the victim and E (n, 20 years of age), and thereafter, performed drinking with the Defendant’s house located in the Type F F F Stud 2 Dong at night.

Between around 05:00-07:00 on March 19, 2016, at the house of the above defendant, three persons drink together, and the victim was locked first in the bed, and the victim was locked, and the above E was locked at the bed.

As above, Defendant 1 committed an indecent act against the victim by entering the victim’s bed with the victim’s bed with the victim’s bed and her bed with the victim’s bed with the victim’s bed and her bed with the victim’s bed with the victim’s bed and her bed with the victim’s bed and her bed with the victim’s bed.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Each legal testimony of the C (tentative) witness and E;

1. Application of the statutes that contain some statements made to the defendant in the police interrogation protocol;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, the accused 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 accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

The age, occupation, risk of recidivism, details and motive of the crime, method of the crime and seriousness of the crime.

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