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(영문) 청주지방법원 2020.03.18 2019고단1828
준강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 42 years of age) are workplace pay.

At around 02:00 on November 18, 2018, the Defendant met the victim's left chest in the Jincheon-gun C Emergency room, and broken the victim's locking. As he was in the body of clothes, the Defendant sent the victim's left chest to the victim.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. The witness D and E’s each legal statement [the defendant and his defense counsel denied the facts charged of the instant case, but the doctor D, who observed the instant case, judged in the investigative officer and this court that “the defendant’s hand son was on the part of the victim’s mother, was familiar with the victim’s body, was shakingd with the victim’s body, and the victim’s body was sealed. At the time of the defendant’s statement to the effect that two were married to the victim, and that the defendant was the victim’s mother. At the time of the defendant’s statement to the effect that two were the married couple, the statement was made to the effect that there was no consistent and inconsistent part of the statement and there was no motive to make a false statement (the inconsistent part of the witness’s statement claimed by the defense counsel is either about detailed matters or the difference of expression).

) In addition, the nurse E also made a statement to the effect that the Defendant’s grandchildren were toward the victim’s chest at the time of the instant case, and the application of the statute to the effect that the Defendant’s grandchildren were guilty of the facts charged

1. Relevant Article of the Criminal Act and Articles 299 and 297 of the Criminal Act concerning the selection of penalties;

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

1. An order to disclose or notify personal information, and an order to exempt a sexual crime subject to employment restriction from such order, Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49 (1) of the Act on the Protection of Children

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