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(영문) 의정부지방법원 2018.03.15 2017고정749
강제추행
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B, at around 03:10 on August 21, 2016, at the “D” entertainment station located in Kuri-si, Guri-si, in combination with the victim E (e.g., 46 years of age) who became aware of the same day in a restaurant located in the vicinity of the same day and the F, G, and was playing together with the victim E, his/her wife, who was his/her his/her father, was able to fit the victim E, with his/her hand.

Accordingly, the defendant forced the victim to commit an indecent act against the victim's will.

2. 피고인 A 피고 인은 위 일시, 장소에서 일행인 B와 함께 위 1 항과 같이 알게 된 E, F, 피해자 G( 여, 24세) 와 함께 놀던 중 갑자기 피해자 G에게 다가와 귓속말을 하며 손으로 피해자의 허벅지를 만졌다.

Accordingly, the defendant forced the victim to commit an indecent act against the victim's will.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of witness E, F and G;

1. A protocol prepared by the police concerning H, a protocol prepared by the police concerning the interrogation of suspect, and a statement made by the police concerning I;

1. Application of Acts and subordinate statutes to inquiries, such as each criminal history;

1. Relevant Article 298 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: The Defendants shall be punished by a fine and fine.

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. The Defendants exempted from the order to complete a program: The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the concurrent imposition of a new order to complete a program in this case, in which only the Defendants requested a formal trial, is disadvantageous to the overall and substantial view, and such order to complete a program is

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

1. The Defendants exempted from the disclosure order and notification order: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the order to disclose or notify the registered information).

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