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(영문) 의정부지방법원 2019.05.31 2018고단4942
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 22:30 on April 30, 2018, the Defendant committed an indecent act by force against the victim, such as raising the loss to the shoulder of the victim’s OO(21 years of age), holding the victim on his knee, holding the victim on kne, and bringing the victim back from singing the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of a witness;

1. Statement made by the police;

1. Application of Acts and subordinate statutes 9, 13 through 17 of the evidence list;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice 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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not constitute a crime of indecent act committed by the Defendant against the victim, it is recognized that the Defendant agreed with the victim, the primary offender, and the fact that the Defendant appears to be drunk at the time of committing the instant crime. In addition, the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime, and all factors of sentencing indicated in the pleadings of the instant case, such as the circumstances after committing the crime, shall be determined as ordered.

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