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(영문) 춘천지방법원 2014.01.07 2013고단924
강제추행등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 05:00 on June 23, 2013, the Defendant discovered the form in which the victim E (here, 19 years of age) dances at the “Dju shop” located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 2nd floor, and followed by the victim’s her own female, she was placed in the victim’s sexual organ, and her finger by inserting his/her hand into the victim’s inner part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. In the above temporary location, the injured Defendant, on the ground that the victim F (n, 18 years of age) of the above E, is in line with the Defendant’s indecent act, was taken on the face of the victim two times in drinking, and walked twice in the line one time to walk the line, thereby taking the victim’s eye in an unexploded face, etc. during the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of witness E and G;

1. A protocol of suspect examination of G police officers;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes on injury photographs;

1. Relevant provisions of the Criminal Act and Articles 298 and 257 (1) of the Criminal Act concerning criminal facts and the choice of punishment;

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

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

1. The defendant and his/her defense counsel's assertion regarding the defendant under Article 16 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order and his/her defense counsel's assertion that the defendant was in a state of mental or physical disability or mental disability by drinking only at the time of the crime of indecent act by compulsion of this case. Thus, according to the records, even though the defendant was somewhat drunk at the time of the crime of this case, he/she did not have the ability to discern things or make decisions due to the fact, if he/she was aware of the fact that

Since the above assertion seems to have been in a state or weak condition, it shall not be accepted.

The reason for sentencing is that the defendant.

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