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(영문) 서울남부지방법원 2018.05.30 2018고단134
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 29, 2017, at around 14:00, the Defendant committed an indecent act against the victim, on the part of the victim, such as the replacement of the victim’s chest with the head of Guro-gu Seoul Building C, the victim D (n, 62 years of age) and the toilet shower in the above subparagraph C, which the victim intends to move into, as in two cases, by the victim’s own hand.

Summary of Evidence

1. The witness D and E’s respective legal statements [the victim who takes an oath as a witness in this court, and the defendant commits an indecent act on himself at the time and place stated in the facts charged;

was stated.

The statements about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the sentiment and behavior that the victim was sworn, etc. are generally consistent with the statements made by the investigative agency after being investigated.

The content was false and tending without direct experience.

It is born, detailed and specific to the extent that it can not be seen.

In light of the victim's legal statement attitude, damage statements are sufficiently reliable.

No motive can be found to make a false statement of sexual crime damage in order to mislead the victim to be punished for the crime of false accusation and perjury and to mislead the defendant.

Therefore, it is recognized that the defendant committed an indecent act against the victim as stated in its reasoning.

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (a special circumstance in which order to complete program is not allowed considering the defendant's age, health status, etc.);

1. The degree of indecent act committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, the background and circumstances of the crime, the age and health status of the defendant, and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, shall be determined as the same as the disposition.

registration of personal information and.

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