(영문) 서울남부지방법원 2017.10.13 2017고단3939

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(영문) 서울남부지방법원 2017.10.13 2017고단3939

강제추행등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Criminal facts

1. From May 31, 2017 to 05:00 on the same day, the Defendant forced indecent act: (a) up to three rooms in the Yeongdeungpo-gu Seoul Metropolitan Government and the fifth floor “C” business establishment; (b) up to three rooms in the victim D (W, 35 years of age) who is going to mast away; (c) the Defendant forced the victim to math on his/her own hand, thereby committing an indecent act by coercioning the victim.

2. The Defendant: (a) went to the above date, time and place; (b) went to the office of the head of the office; and (c) committed assault against the victim, such as the victim’s scam and scambling the head of the office, and scambling the head of the office of the office, and scambling the head of the office of the victim; and (b) twice with the victim’

3. The Defendant damaged property at the above date, time, and at the above place, the victim 112 reported the 112 report, and the victim laid down the front door of 20,000 won at the floor to be managed by the victim who was on the table of the waiting room of the said business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of fines;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria are not applicable as the case was selected to impose a fine) is that the crime of this case is not good in light of the motive and form of the crime, and that the damage is not recovered, the criminal liability of the defendant is not weak.

However, the defendant's act of committing the crime of this case is against the mistake, and the defendant is punished by a fine of two million won due to a violation of the Road Traffic Act (driving) around 2010.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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