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(영문) 의정부지방법원 2015.02.09 2014고단3010
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 23, 2014, around 23:00, the Defendant committed an indecent act by force against the victim by using the victim’s left chest in his/her hand with the victim’s hand before the victim F(E) in front of the victim’s “E” (the victim was 36 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. The witness F and G’s respective legal statements [the defendant and his defense counsel are true in contact with the victim’s chest, but there was no intention to commit an indecent act; however, in light of the victim F’s consistent statements at investigation agencies, witness G investigation agencies, and their respective statements at this court, etc., the defendant may sufficiently be recognized that there was an intentional indecent act against the victim inception in light of the victim F’s criminal investigation agencies, witness G’s respective statements at this court.] [The defendant and his defense counsel dispute to the effect that only the victim’s chest was contacted with the victim’s chest and did not contain the chest, but in light of the victim’s consistent statements at investigation agencies and this court’s consistent statements at this court, the defendant may sufficiently recognize the fact that the chest part of the victim’s chest was damaged by the victim.]

1. Article 298 of the Criminal Act applicable to the crime;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are not against the defendant while disputing the facts of the crime, the fact that the victim did not have any damage to the victim is presumed to have committed the crime of this case intentionally under the unfavorable circumstances, and the fact that there is no other penalty power than the one-time fine prior to this type is considered as favorable circumstances. The method and result of the crime of this case, after considering all the factors such as the circumstances after the crime, the defendant's age, character and conduct, family environment, etc., the punishment as ordered shall be determined

registration of personal information;

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