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(영문) 서울북부지방법원 2018.12.14 2018고단2447
강제추행
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2018, from around 00:30 to 01:00 on the same day, the Defendant used “C” on the fourth floor of the building in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, as hymbs for the victim’s bucks, while carrying the victim’s D(n, 18 years of age) and alcohol, and the victim hymdds for the victim’s bucks. However, even if the victim dives the Defendant’s hick, the Defendant hymds for the victim’s bucks.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. The Defendant asserts that there is no fact that there was no victim’s buckbucks in the investigation report (related to the video image analysis of field CCTVs), investigation report (CCTV storage CDs).

The victim is consistently and specifically stated in the investigative agency and this court about the situation at which the victim's body was leaked, the content of the damage, and the situation before and after the crime, etc., and there are no other circumstances that make it possible for the victim to intervene in the statement.

In light of the attitude of the victim's statement in this court, it is recognized that the victim's statement is reliable, and according to the evidence of the judgment including the victim's statement, the defendant's forced indecent act against the victim. Thus, the above argument is without merit.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. An order to disclose or notify, or an order to exempt an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) (the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, and disclosure and notification).

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