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(영문) 창원지방법원 밀양지원 2019.06.27 2019고단133
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 2018, the Defendant introduced the victim C (a person, female, and age 24) from the workplace partner B (a person, age 24) and was aware of the victim from around that time.

On October 19, 2018, the Defendant: (a) around 01:00, at the dwelling space of the above B located in Syang City D, and (b) at the dwelling space of the victim and the above B, the victim, while drinking alcohol together with the victim and the above B, had the victim enter the place for diving and had the victim had the intent to force force by force.

On October 19, 2018, at around 01:00, the Defendant, at the inside of the residence of the above B, accumulated left hand back of the victim who was frighted in the bed, stored the victim's chest in the inside of the clothes of the victim, and met the victim's chest, and the victim was able to move the fright from the lock to the bottom of the bed.

The defendant continued to stop the victim's hand while keeping the victim's hand in mind, and prevented the victim from resisting the side of the victim with his left side by dividing it into the right side of the victim, and as long as the left hand is placed inside the inside of the victim's clothes, the victim's her macks away from his arms and legs, prevents the victim from driving the victim's body with his arms and legs, and tried to put the victim's hand on the part of the defendant's sexual flag, and the defendant's knife tried to breath the victim's knife the victim's knife.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against C (tentatively named);

1. Each police statement made against C (alias) and B;

1. E-cape screen;

1. Application of the Acts and subordinate statutes to the complaint;

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. Although the degree of indecent act by the Defendant on the grounds of sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant appears to have committed somewhat contingent crimes, and agreed with the victim.

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