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(영문) 제주지방법원 2017.05.19 2017고단67
강제추행
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant, in Jeju Island No. 23:00 on December 22, 2016, sent the victim with a view to having a private person’s care victim E (one’s name, two-three years old age) (one’s age), who is in charge of the Defendant’s nursing in the D Hospital D Hospital D Hospital Hospital and sick room, forced the victim to commit an indecent act, and forced the victim to commit an indecent act in accordance with the part of the victim’s item.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement protocol against E (the defendant is claiming that the defendant merely contacted the defendant's entry in the victim's item, but does not partially interfere with the victim's entry.

However, the victim stated in the investigative agency that "the defendant kissk on one side of the kisk" and there is credibility in such statements in light of the contents and circumstances of the statement.

I seem to appear.

B. When considering the attitude of the defendant and the victim at the time when the evidence in the decision was revealed, if the defendant simply saw the victim, it seems difficult for the defendant to contact the victim.

At the time, there was an intention to attract the victim to the defendant instead of drawing up the victim.

Since the defendant's assertion is acceptable.

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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, has no record of criminal punishment.

A injured person shall be punished by the defendant.

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