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(영문) 부산지방법원 서부지원 2018.08.17 2018고정353
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant operates the billiard hall in Busan, and the victim C (the age of 19) is an employee who works in the above billiard hall, and the defendant and the victim drink in the above billiard room with singing together with the defendant's singing room.

The term "sing" has been put into singing.

On September 1, 2017, at around 23:00, the Defendant committed an indecent act by force against the victim by taking the victim’s body by taking the victim’s hand and taking the victim’s hand to the Defendant’s hand, and by taking the victim’s hand away from the victim’s hand, the Defendant forced the victim to take the victim’s body by cutting the victim’s body into two arms, and using the victim’s shoulder, shoulder, , , and , with the victim’s hand.

Summary of Evidence

1. Legal statement of F;

1. Although the defendant and his defense counsel alleged that there was no indecent act against the victim as stated in the facts charged, the defendant and his defense counsel regarding the testimony of C in video recording CDs, it is sufficient to find the defendant guilty of the facts charged of this case in full view of the aforementioned evidence. Thus, the above assertion is without merit.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 186(1) of the Criminal Procedure Act, the accused becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall submit personal information to the relevant agency pursuant to Article 43 of the same Act.

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