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(영문) 인천지방법원 2018.04.11 2017고단8118
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. 강제 추행 피고인은 2017. 5. 23. 03:50 경 인천 남구 B에 있는 주차장 앞길을 걸어가다가 위 주차장에서 담배를 피우고 있는 피해자 C( 여, 26세) 을 발견하고 피해자에게 다가가 갑자기 팔짱을 끼고, 피해자에게 “ 술을 한잔 하자, 놀자. ”라고 말하면서 한 손으로 피해자의 손목을 잡고 끌고 가면서 계속하여 다른 한 손으로 피해자의 어깨에 손을 올리는 등 피해자를 강제로 추행하였다.

2. On May 23, 2017, at around 04:15, the injured Defendant: (a) called the victim E (26 taxes) of the victim E (26 ) who was requested by the above C to help him for the same reason in front of the above paragraph 1, and, (b) called “the victim E (26 Doh) who driven away from her own, she caused the victim’s injury, such as catum dums, which requires approximately two weeks of treatment by drinking to the victim.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes of injury diagnostic certificate (No. 6 of the evidence list);

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 297 (1) of the Criminal Act (the point of coercion and the choice of fines) (the point of injury and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier punishment)

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

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. Where the part of the judgment on the duty to register and submit personal information in accordance with Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The punishment of the above forced indecent act which causes the registration of personal information shall be the same as the other crime.

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