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(영문) 의정부지방법원 2018.05.31 2018고정341
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 27, 2017, the Defendant committed an indecent act, such as: (a) 20:20 Silri-si B, before the convenience store C, with the victim D (V, 29 years of age) who was bread while under the influence of alcohol, and having the victim’s breath in contact with the victim’s breath alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The content of the message sent and received by the victim after the occurrence of the case, the content of the message sent and received by the victim and the victim's friendship, the investigation report (suspect specific), the data on-site CCTV in the case, the content of the message sent to the victim by the victim, and the report on the investigation (the details of the message reported);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. The defendant and his defense counsel asserted that the issue of the main text of Article 186(1) of the Criminal Procedure Act regarding the cost of lawsuit is that the defendant had dancing with the victim, but the victim consented thereto, so the defendant did not have committed any indecent act by force as stated in the facts charged in the instant case.

In other words, the victim, from the investigative agency to the court, moved to the front of the convenience store with the defendant in order to drink the alcoholic beverage along with his/her daily behaviors and to board the taxi, and the defendant was seated in front of the convenience store, i.e., the victim from the investigative agency to the court.

In the future, the Defendant made a relatively specific and consistent statement on the background, method, etc. in which the indecent act was committed from the Defendant to the effect that he had come to contact with each other in the future, and that he had attempted to avoid it, and that the Defendant also made convenience points at the time.

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