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(영문) 수원지방법원안양지원 2020.10.28 2019고단2127
준강제추행
Text

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

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

Reasons

Punishment of the crime

At around 14:20 on June 8, 2019, the Defendant: (a) had been aware of the Victim C (the life, age 23) through the Red-ro Hunting, which was under the influence of alcohol, stored the Victim C (the age 23) under the influence of alcohol into the part of the victim, and became the chest of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C (tentative name) and D;

1. On the day of the case, the victim's form and the victim suffered, and the defendant's statement submitted by the suspect directly to the Bpent structure [the above statement made by the witness D, which appeared to be difficult without direct experience, is inconsistent and specific. The above statement cannot be viewed to be contrary to the empirical rule or contradictory to other evidence. The witness D makes a false statement even when he is under the risk of punishment for perjury, it is difficult to find any special motive or reason to gather the defendant because he made a false statement even when he is under the danger of punishment for perjury, the witness D's statement, which corresponds to the facts charged, can be acknowledged credibility after taking into account the witness D's form, attitude, and the pen's pen's statement, which corresponds to the facts charged, after being taken an oath before the judge, is written in the presence of the judge, and after being written in the presence of the judge, it is recognized

1. Article 299 of the Criminal Act and Articles 299 and 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant

An order of disclosure, notification, and employment restriction order shall be exempted.

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