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(영문) 수원지방법원 안양지원 2019.06.26 2019고단809
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 14:50 on September 30, 2018, the Defendant committed an indecent act by force against the Defendant by putting the victim B (tentative name, do, 21 years old) located in front of the sudden entrance entrance while getting off from the front of the front of the front of the front of the front line in the subway No. 129 in the Jongno-gu Seoul Metropolitanro 129, and from the front of the front line in the front of the front line.

Summary of Evidence

1. The written statement made by the police against B;

1. CCTV CDs;

1. Each investigation report (Evidence List Nos. 8, 17, 21, 23) [the victim’s statement at an investigative agency specifically and clearly made the facts of damage, and the victim’s statement at the time and the victim’s statement at the time and the victim’s statement at the time accompanied with the victim at the time, CCTV images, etc. immediately after the crime also conform to the victim’s statement. There are no parts that are unreasonable or contradictory to the victim’s statement in light of the empirical rule in light of the victim’s statement, and there are no special motive or circumstance to gather the defendant by processing false facts under the risk that the victim and C’s statement would be punished for perjury or perjury, and no other circumstance exists to suspect the credibility of the above statement. On the contrary, the defendant’s appeal is inconsistent. According to the above evidence, the defendant’s application of the law can sufficiently recognize the fact that the victim committed indecent act by force as stated in its reasoning];

1. Article 298 of the Criminal Act and Article 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;

2. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the crime, the circumstances after the crime was committed, as set out in the text of this case.

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