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(영문) 서울북부지방법원 2018.07.05 2017고단4796
강제추행
Text

The sentence against the accused shall be determined by a fine of KRW 4,00,000.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

The defendant is an acting driver.

On April 19, 2017, the Defendant: (a) around 23:20 on April 19, 2017, around a restaurant where the trade name located in the king of Seoul is unknown; (b) obtained a call from the victim B (the name, f., 34 years old) who requested a substitute driver to drive on behalf of the victim CWz on behalf of the victim; and (c) was on behalf of the victim, who was the victim, in order to go from the place to the home of the victim in the Namyang-si, Namyang-si, the destination of which was located, the Defendant was going to go along the riverbed North Korea around the lapse of the F near the 23:58 on the same day; and (d) was able to write off the left buckbuck of the victim and the victim in the currency as a hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness B;

1. An investigation report (G agency confirmation case) (The victim is consistently and specifically stated in this Act and the investigative agency about the situation at which the victim's body was leaked, the content of the damage, and the situation before and after committing an indecent act by the victim, and the situation before and after committing an offense, the defendant has consistently and specifically stated about the suspect's act, etc., and no other circumstance exists that may lead to the falsity of the statement.

In light of the victim's attitude of testimony in this court, the victim's statement is recognized as credibility.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act against the victim by force.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure order and order of this case.

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