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(영문) 수원지방법원 2017.05.18 2017고단1445
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a vice president of the Quality and Technical Research Institute of the C Cooperatives, and the victim D (the age of 28) is a person who is an employee of the said researcher.

On December 29, 2016, the Defendant, at around 21:00 on December 29, 2016, in a room where it is impossible to know the number of “Fishing” units E in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, had the victim sit next to the above researcher, and continued to write down the victim’s khumbbbbbs.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of fines;

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

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

1. As to the Defendant’s assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act, the Defendant’s defense counsel was in a state of mental and physical weakness by drinking at the time of committing the instant crime.

Therefore, according to the records, the defendant's drinking at the time of the above crime is acknowledged as having been aware of drinking, but it does not seem that the defendant's ability to discern things or make decisions is weak. Thus, the above assertion is rejected.

Although there are unfavorable circumstances, such as the fact that the crime is not good in light of the method and content of the crime of this case, and the defendant's failure to receive a letter from the injured party, the defendant's mistake is against the defendant, and the defendant does not repeat again while completing the education to prevent sexual assault.

In addition, considering the fact that the defendant is a primary offender, the defendant is demoted to a position as the senior researcher from the position of the vice president of the company, and is subject to a disposition of suspension from office for two months, the defendant's age, sex, environment, family relationship, etc.

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