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(영문) 수원지방법원 안양지원 2014.06.13 2014고단155
사기등
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

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

1. On December 06, 2013, from around 01:00 to around 02:20, the Defendant committed an indecent act by compulsion, such as: (a) the Defendant committed an indecent act by compulsion, on the part of the Defendant, by entering the “C” main point of “C” located in Sinpo City B and drinking alcohol as a customer; (b) the victim D (hereinafter “C”) who is an employee, was able to commit an indecent act; (c) the victim’s hand; and (d) the victim’s her her son and her son, and (e) the victim’s her son

2. On the date and time set forth in Paragraph 1, the Defendant: (a) expressed the victim E’s desire to read “employee Chosia” at the above main point operated by the victim E; and (b) expressed the victim’s desire to read “absing to be able to be able to sing away” to other customers in that place; and (c) lowered the table table of the drinking branch where he was placed on that place, and caused the victim to fall off on the floor, thereby obstructing the victim’s business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Although the defendant and his defense counsel asserted that there is no fact that the defendant committed an indecent act against the victim D, the victim's statement is deemed reliable in light of the fact that the victim's statement is specific and consistent, the attitude of his/her legal statement, etc., and the facts of the crime can be acknowledged.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Article 298 of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the defendant denies some crimes, and that the victims' damage was not recovered.

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