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(영문) 의정부지방법원 2018.12.27 2018고단3478
강제추행
Text

Defendant shall be punished by a fine of KRW 10,000,000 (one million).

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

Reasons

Punishment of the crime

On February 13, 2018, the Defendant served in the “C” singing practice room located at the time of the Government around 00:50 on February 13, 2018, with the victim D (the victim 43 years of age) and E, who is the victim’s seat, and talked with the victim E.

During that period, E returned home and left with the victim, the defendant was willing to force the victim to commit an indecent act.

The victim shall go to his/her house.

"A defect that the Defendant intends to go to go to the victim, and the Defendant plucked, plucked, and failed to resist the victim with the wall after the victim et al., and forced the victim to put his hand into the victim's clothes, forced the victim's blick, let the victim's chest over the victim's breast, and tried to get out of the victim's blick.

After the victim resisted the victim's resistance, the victim forcedly committed an indecent act on the part of the victim, such as running away from the singing room, and intending to get the victim's arms attached to the grass field near the G high school located in the Gu high school in the city of Gu, which is located in the F of Gu, and intending to get the victim's scam from the scam on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness D;

1. Details of the photographs and text messages presented by the victim as evidence;

1. Recording notes;

1. Application of CCTV CD-related statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the Defendant’s age, sex, environment, motive and background leading to the commission of the crime, method and form of the crime, circumstances before and after the commission of the crime, and the record of the crime, etc., shall be determined by comprehensively taking into account the various circumstances shown in the arguments of this case.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are sex offenses subject to the registration and submission of personal information.

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