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(영문) 대구지방법원 포항지원 2017.06.08 2017고단364
준강제추행등
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

On July 1, 2016, the Defendant, as the victim B (n, 19 years of age) and the dongs of the above middle school (including the Defendant and the victim) and the dongs of the above middle school, including the Defendant and the victim, went together with the D-type travel in North-gu C at the port of port.

1. A quasi-indecent act Defendant committed an indecent act on July 2, 2016, at around 09:00, the victim committed an indecent act using the victim’s resistance impossible condition by inserting his/her fingers into the victim’s clothes, with his/her panty female panty female panty room, under the influence of alcohol, by inserting his/her fingers into the victim’s clothes.

2. As of September 2016, the Defendant, as the victim and the middle school Dong-gu, Nam-gu, Nam-gu, U.S., at around 23:00, the Defendant, as the victim and the middle school Dong-dong, performed drinking together with F, G, and H, which was well aware of the victim, “B’s chest who was playing together with the gate was coming back, and C, I think I am more than I am.

“The honor of the victim was damaged by publicly alleging the fact.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to B, G, F, and I

1. Relevant legal provisions concerning facts constituting an offense, and Articles 299, 298, and 307 (1) of the Criminal Act concerning the selection of punishment (a quasi-indecent act, the selection of fines), and Article 307 (1) of the Criminal Act (a point of defamation and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime).

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