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(영문) 인천지방법원 2016.05.19 2015고단7405
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 1, 2015, at around 23:30 on September 23:30, 2015, the Defendant: (a) reported that the victim F (n, 22 years of age) who was a volunteer in the workplace with which the Defendant took a meeting together, was the Defendant; (b) took the victim’s personal injury, she was able to use the victim’s personal injury; (c) she was under the influence of the victim’s personal injury; and (d) tried to use the victim’s personal injury to a nearby telecom, and (e) forced the victim to commit an indecent act, such as making the victim’s chest two times of personal injury.

Summary of Evidence

1. The respective legal statements of F and G;

1. Statement made by the police with regard to F;

1. The photograph (the Defendant denies the crime, however, according to the aforementioned evidence, the victim made a concrete and consistent statement as to the form of the crime and the circumstances in which the crime was committed from the police investigation stage to the court, and the content of such statement is inconsistent with G’s statement and H dialogue between the Defendant and F, and the other false statement was made.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty because the court's statement and the police's statement are sufficiently reliable.

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. In light of the fact that there is no serious reflective appearance of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and that no damage has been restored, etc., the fact that the defendant did not have the same criminal record or imprisonment without prison labor or any heavier punishment shall be considered in favor of the defendant, and other matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual conduct, environment, etc., as indicated in the records and arguments of this case, shall be considered in light of the favorable circumstances, and the punishment shall be determined as ordered.

Persons subject to registration, such as registering and submitting personal information.

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