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(영문) 인천지방법원 2016.07.07 2016고단1745
강제추행
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On September 14, 2015, the Defendant committed an indecent act on the part of the victim E (the 32 years old), who is a substitute driver, at the Del parking lot located in Gyeonggi-si, Gyeonggi-si on September 23:0, 2015, with a view to committing an indecent act by force on the part of the victim E (the 32 years old), at the back seat of the vehicle in the FSpo-si where the female was driving, and then committed an indecent act on the part of the victim by putting the victim's body less and less with the driver's hand between the driver's seat and the steering seat.

Summary of Evidence

1. Each legal statement of E and G;

1. Partial statement of the defendant;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. E statements;

1. An investigation report (which divided into a document recording a conversation between the suspect who submitted the victim and the victim’s personal behavior), a set CD included in the CD [the defendant denies the crime, but according to the aforementioned evidence, E, according to the police investigation stage to the police investigation stage, made a concrete and consistent statement as to the circumstances in which the crime was committed from the victim to the present court, and the content of the statement is consistent with G and the defendant’s conversation after the instant crime was committed, and made a false statement differently.

There is no circumstance to consider.

Therefore, the criminal facts in the judgment are found guilty because the court's statement, the prosecution's statement, and the police's statement are sufficiently reliable.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 fact that there is no serious reflection from the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the damage has not been recovered due to the fact that the defendant did not have any record of punishment of the same kind or imprisonment without prison labor or any heavier punishment, shall be considered in favor of the defendant, and the records of this case shall be recorded in light of the favorable circumstances and the contents of the indecent act.

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