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(영문) 전주지방법원 2018.11.16 2018고단588
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 June 10, 2017, from around 22:30 to June 11, 2017, the Defendant committed an indecent act by force against the victim, such as: (a) the Defendant’s hand and shoulder of the victim E (the age of 28) who was seated in the next while drinking and drinking together with the employees of the company, at D located in the vicinity of the Youngjin-gu C Hospital located in the Hongjin-gu, Seoul, Seoul on June 11, 2017.

Summary of Evidence

Witness

Although the Defendant’s text message of E, F, and G’s testimony denied criminal facts, the Defendant’s statement corresponds to criminal facts, and in light of all the circumstances, such as the content and attitude of the statement, there is credibility.

I seem to appear.

Application of Statutes

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. An order to disclose registered information pursuant to the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Children and Juveniles against Sexual Abuse shall not be issued, taking into account all the circumstances, such as the details of the crime of exempting the disclosure of registered information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the necessity of disclosing registered information, etc.

The degree of indecent act on the grounds of sentencing is relatively heavy: Provided, That the punishment shall be determined as ordered in consideration of all the circumstances, such as the fact that the defendant has the same power and is not against the defendant.

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