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(영문) 창원지방법원 진주지원 2019.02.14 2018고단1180
강제추행
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 58) are members of the C organization.

On November 29, 2017, at around 17:00, the Defendant committed an indecent act by force against the victim on the part of the victim, with the victim’s clothes, rhym and kym in the victim’s clothes, with the victim’s left hand.

Summary of Evidence

1. Legal statement of the witness B;

1. Recording notes of the contents of video recording of the suspect A or B;

1. Statement of the police statement related to B or F (2) ;

1. Each investigation report (Details ofG telephone conversations);

1. Dominant academic cooperation letter and table of the visit academic cooperation letter;

1. The Defendant asserts that he did not force the act of indecent act by compulsion. As such, the victim B, from the investigative agency to the investigation agency, made a statement as to the situation before and after the instant case, the Defendant’s indecent act by compulsion, response to the victim, etc., and the content of the victim’s statement conforms to F and G’s statement, and the victim’s statement does not seem to have any reason to make a false statement.

There is no credibility in the statement, such as the defendant's assertion that he did not sit on the side of the victim.

Thus, according to the witness B's legal statement and the evidence, the defendant can be found to have committed an indecent act against the victim as stated in the facts of crime. Thus, the defendant's assertion is without merit.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restrictions;

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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