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(영문) 전주지방법원 2018.08.31 2018고단450
준강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 4, 2017, the Defendant discharged the Defendant from military service in the Gyeonggi-do D Association Search Team on October 4, 2017, and was a victim E (20), F (21), G (19 years old), and H (21 years old) at the time of military service.

On July 16, 2017, around 05:10 on July 16, 2017, the Defendant was able to write off the victim E’s her her her her her her her her her her her her her her her her her her her her her her her her her b

On July 21, 2017, around 04:47, the Defendant was able to write and rheep the part of the victim F’s sexual flag, which was divingd in the second life room of the company 2nd above, as his hand.

On July 25, 2017, around 05:45 on July 25, 2017, the Defendant was able to write and rheep the sexual flag of the victim G in his/her hands.

On September 10, 2017, the Defendant, at around 10:00 on September 7, 2017, was able to take charge of the part of the victim H’s high return back, who was divingd in military units I, located in the training site for the tactical training site of Gangwon-gun.

On September 9, 2017, the Defendant: (a) 01:00 on September 9, 2017, the Defendant saw the body of the Victim H, who was divingd in the crypt training site, into left arms; (b) stored the left hand in the crypt; and (c) opened the victim’s sexual part in the manner of 2 to 3 occasions.

Accordingly, the defendant committed an indecent act by force against the victims by taking advantage of their mental and physical loss or the impossibility of resistance.

Summary of Evidence

Application of the law of the police statements to the victims of the defendant's legal statements

1. Article 299, Article 298 of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. An indecent act subject to an order to disclose the registered information under the main sentence of Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order Ordering Employment Restriction under the main sentence of Article 16(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the criminal records of the accused;

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