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(영문) 서울남부지방법원 2016.04.08 2015고단5022
강제추행등
Text

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

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

Reasons

Punishment of the crime

1. Plastic Defendant obscenity at around August 5, 2015: (a) around 21:12, and around the first floor of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, 406 Dong 1, and D (n, 33 years old) (n, 33 years old) intending to board an elevator, in which he/she gets out of his/her sexual organ.

In his hand, the above D was on board the elevator, and the above D got on the elevator, and the above elevator opened the heat server in the future of the above elevator and opened his sexual organ in several times, and made a public obscenity act.

2. On August 5, 2015, the Defendant: (a) discovered the victim E (the 61-year-old age-old) who hangs stairs to return home from Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, 403 Dong 1st floor; and (b) committed an indecent act by force against the victim by his/her own hand by deceiving the victim’s right chest.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs by cutting CCTV photographs and CCTV images at the scene of crime;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of compulsory indecent act), Article 245 of the Criminal Act (the point of public performance obscenity), and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The defendant's defense counsel's defense counsel's assertion as to the claim of the defense counsel under Article 334 (1) of the Criminal Procedure Act is alleged to the effect that the defendant was in a mental and physical state under the influence of alcohol at the time of the crime of this case. Thus, according to the records, the defendant's defense counsel's defense is not accepted, even though he was found to have drinking alcohol at the time of the crime of this case, in light of the background, means and methods of the crime of this case, the contents of the crime of this case, the defendant's behavior before and after the crime of this case, etc., it cannot be seen that the defendant lacks the ability to

The reason for sentencing is the crime of this case.

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