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Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On March 2014, the Defendant was a person who was a reporter B, and was aware of the victim C (the victim 29 years of age) as an informant, and continued to express his/her intent to have sexual intercourse with the victim by making sexual talks with the victim.
피고인은 2015. 7. 30. 11:30경 서울 서대문구 D매장에서 피해자와 만나 E모텔로 이동하였고, 호수불상의 E모텔 방에서 피해자의 손을 잡고 껴안으며 얼굴을 피해자의 가슴에 가져다 댔고, 피해자가 계속해서 거절의 의사표시를 함에도 불구하고 손으로 피해자의 허벅지를 만지고 끌어안는 행위를 수차례 반복하였다.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. The defendant's partial statement in court (the purport that recognizes the victim's buckbucks except for partial statement) by bringing ice on his/her chest and making his/her hand on his/her chests;
1. Statement of the police statement concerning C (tentative name);
1. The 11th written judgment of the Seoul Western District Court; and
1. The application of Acts and subordinate statutes to investigation reports (Submission of a written examination of witnesses in civil procedure);
1. Article 298 of the Criminal Act applicable to the crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act regarding a provisional payment order is that the defendant partially denies his/her behavior at the time of his/her crime, but the victim's statement clearly memorys the situation at that time is more reliable.
Although there was no description of some actions in the related civil procedure, the issues at the time are at the same time.