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(영문) 대전지방법원 2016.08.19 2015고단4052
강제추행등
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

1. On July 6, 2015, the Defendant forced indecent act committed an indecent act by force against the victim E (the 30-year-old age-old) who was a guest at the Daejeon Seosung-gu D’s drinking house located in Daejeon P, and committed an indecent act by force by force against the victim E (the 30-year-old age-old) on his/her hand on three to four occasions.

2. On the ground that the victim F, who is the owner of the business at the same time and place as the above Paragraph 1 above, prevented the Defendant from committing an indecent act against another female customer, such as the above Paragraph 1, the Defendant destroyed the mobile phone so that the victim F, who is the owner of the business, was charged with an indecent act against the other female customer. The Defendant destroyed the mobile phone so that the victim’s cell phone was stored on the wall, and the cost of repair would be KRW 370,000,000,000.

3. The Defendant, at the time, at the same time and place as the above paragraph 1 above, got the eggs to drink and face of the Victim F ( South, 37 years old), as stated in paragraph 2 above.

As a result, the Defendant inflicted an injury on the victim, such as salt pans, tensions, etc., which require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses F and E respective legal testimony;

1. Statement in the police statement protocol against E;

1. Application of Acts and subordinate statutes written diagnosis of injury;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the largest one);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is the F and/or agreement with the F and some reflects on the crime. In cases where the registration of personal information and the judgment of conviction on forced indecent act against the Defendant to be submitted becomes final, the Defendant 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.

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