logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.08.10 2016고단1032
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant, within the guidance room of the first floor of the D building located in Daejeon Jung-gu, Daejeon, Daejeon, on October 28, 2015, received the card designer E (n, 47 years old) from the Defendant, and subsequently, the card designer E (n, 47 years old) said that “the liquor tax needs to be introduced,” and “ how to introduce the card” was “a single summary of the introduction, and the Defendant forced the victim to commit an indecent act by force.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The defendant asserts that he did not commit any indecent act by force.

However, in light of the following facts and circumstances acknowledged by the evidence adopted and investigated by this court, the defendant can be found to have committed an indecent act against the victim as stated in its reasoning.

(1) The statements made by a victim are consistent from investigative agencies to this court, and are considerably and specifically stated in detail about the details, circumstances, situation, etc. of the forced indecent act committed by the victim, thus enhancing credibility.

② immediately after the victim was forced to commit an indecent act by the Defendant, the victim met F with the guidance room and F, and told F with the indecent act.

In addition, as the defendant was found to have entered the information room with F, but did not meet the defendant, the fact of damage was reported to the police around 12:05 on the same day.

Action, details of the report, etc. after the damage occurred to the injured party is natural.

On the other hand, even though the victim was not damaged by the defendant as a credit card solicitor, it seems that there seems to be no reason to conduct the above action.

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is as follows.

arrow