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(영문) 부산지방법원 2018.11.12 2018고단2397 (1)
강제추행등
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 25, 2017, the Defendant: (a) committed an indecent act by committing an indecent act in a manner in which the victim H (the 23-year-old age-old) was sent to the victim H at the victim’s “G” location located on the first floor of the F hotel underground located in Gangnam-gu Seoul Metropolitan Government (Seoul) around May 25, 2017, while having bucks around the victim’s bucks.

2. The injured Defendant, at the time and place indicated in paragraph 1, displayed complaints about marina services, and the victim I (30 years old) who was outside of the hotel security personnel was prevented from drinking the victim’s chest, thereby making the victim go beyond the floor of the victim’s chest.

As a result, the Defendant inflicted an injury on both sides, the 14th anniversary of the 14-day medical treatment on the victim, and on the fluoral surface, the luoral base, the luoral base, and the luoral base.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Statement made to I by the police;

1. In light of the medical certificate of injury (the attitude of legal statement, consistency of the content of the statement between the investigative agency and this court, degree of conformity with other reference persons, etc., the victim’s statements and other evidence mentioned above can be acknowledged as they are the crime of indecent conduct in the judgment.

In particular, the Defendant alleged that the victim H was forced to commit an indecent act at the time when he was forced to do so and did not take any measure, and that the Defendant did not have credibility in the victim’s statement by engaging in an exceptional act claiming a forced indecent act at that time when he had expressed the complaint against marina will. However, in light of the victim’s occupation, situation at the time of the act, the time when the act committed by the victim was committed, and the measures after the indecent act, etc., the application of the relevant statutes does not seem to have lost credibility

1. Relevant Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 of the Criminal Act, the choice of fines for the crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Order to complete a program;

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