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(영문) 서울북부지방법원 2018.04.12 2017고단3551
강제추행
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On January 11, 2017, at around 23:00, the Defendant committed an indecent act by force against the victim by means of using the victim G (the 32 years old)’s right-hand bucks through rhumths and rhyths, a proxy engineer who was seated in the driver’s seat at the time, on the front line of the E high school located in Gangnam-gu Seoul Metropolitan Government, for signal waiting on the 2nd line.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G’s legal statement (the victim, in this court and investigative agency, has consistently and specifically stated the situation at the time when the victim’s body was transferred to the victim, the content of the damage, the circumstances before and after the crime, and the situation before and after the victim committed an indecent act, and the defendant’s act immediately after the crime, and there seems to be no other circumstance where the victim’s false statement may be posted in such 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 by force against the victim.

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

The reason for sentencing is that the victim was born.

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