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(영문) 대구지방법원 경주지원 2017.06.14 2016고단429
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 May 7, 2016, the Defendant discovered that the Defendant collapses a river along with the victim D (M, 20 3) Ehye-gu in the c river testing bridge at around 02:40 on May 7, 2016, and found the Defendant “Islehhhhhhhhhhn?”

V. A. H. H. H. H.C.

I see, “The thickness of money” refers to a continuous and rapid walking of the defendant’s horse, and the escape of the victim was driven by the victim, and the knick of both women in their hands behind.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations), investigation report (to listen to a statement by a target phone), [in light of the relationship between the defendant and the victim, physical part of the defendant's contact, the words and actions of the defendant at the time, etc., it is reasonable to deem that the defendant's act was an indecent act that causes a sense of sexual shame and infringes on the victim

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts and the selection of punishment (the punishment shall be determined as ordered in consideration of the following: (a) the victim appears to have been able to feel a sense of sexual humiliation and was not used from the victim; (b) the defendant reflects the fact that the defendant is relatively minor; (c) the degree of exercise of the indecent act and tangible power in this case is relatively minor; (d) the fact that there is no record of the same crime and

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, risk of recidivism, and the benefits and preventive effects expected by the instant disclosure order or notification order.

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