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(영문) 인천지방법원 2016.08.11 2016고단2261
강제추행
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

The defendant is the president of a private teaching institute C, and the victim D (n, 21 years old) is a person who operates a private teaching institute C in the guide of the above private teaching institute.

The Defendant, at around 23:00 on December 26, 2015, performed alcohol with the victim at the trade infinite point in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon on December 26, 2015, told the victim to commit an indecent act by force, and substitute the size of the Defendant’s hand with the victim.

the floor of the floor for each other.

At the time of the loss, the victim's loss was increased.

이후 피고인은 피해자와 상호 불상의 다른 주점으로 장소를 이동하여 피해자와 술을 마시던 중 피해자에게 입맞춤을 하려고 하고, 계속하여 위 주점 밖의 노상에서 피해자에게 입맞춤을 하려고 하였으나, 피해자가 양손으로 피고인의 입을 막으며 저항하자 혀로 피해자의 오른쪽 손바닥과 손가락 사이를 수회 핥았다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. The police statement protocol on D (the defendant denies some of the crimes, but according to the evidence mentioned above, D has consistently stated the circumstances where the injured party committed the crime from the police investigation stage to the court, specifically and consistently, and differently made a false statement.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty because the court's statement and the police's statement are sufficiently reliable.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 of Article 334(1) of the Criminal Procedure Act recognizes most of the defendants to commit the crime, and the defendant has no record of punishment except for one-time fine due to driving without a license.

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