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(영문) 대전지방법원 논산지원 2015.12.04 2015고단395
강제추행등
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

1. Violence;

A. On May 9, 2015, the Defendant: (a) stated that the Victim D (the 50-year-old age) was booming with the Defendant’s wife on the following occasions on May 9, 2015: (b) stated that “A person would be dead regardless of who would be punished, and that he would be dead.” On the other hand, the Defendant assaulted the victim by threatening him, as he was in drinking, by taking three times of hand, by killing the breath of the victim’s breath; and (c) threatening him.

B. On May 9, 2015, at around 19:27, the Defendant found the victim D’s house located in the victim D’s home located in 19:27, and divided the first race and took the victim back, and for the foregoing reason, the Defendant expressed the victim’s desire to “I will die with the victim,” “I will die with the victim,” and used the victim’s breath for four times, with the victim’s breath to kill.”

2. 강제추행 피고인은 2015. 5. 9. 19:28경 제1의 가항 장소에서 위와 같은 이유로 화가 나 왼손으로 피해자 D의 멱살을 잡고, 피해자에게 “네 좆이 얼마나 크냐. 얼마나 커, 씹할 놈아.”라고 소리를 지르며, 오른손으로 피해자의 성기를 움켜쥐듯이 1회 만지고, 계속하여 오른손 손바닥으로 피해자의 성기를 툭 건드리듯이 1회 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on internal investigation (attaching photographs of a suspect's assault), internal investigation report (Attachment, etc. to CDs submitted by the victim), investigation report (Attachment to a record and video screen of the case) prepared by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (a report on the examination of a suspect's assault and the scene of indecent act by compulsion) and a criminal investigation report (to hear victim's D telephone statements);

1. Relevant legal provisions concerning criminal facts, Article 260(1) of the Criminal Act, Article 298 of the Criminal Act, the choice of a penalty, and the choice of fines;

2. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes.

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