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(영문) 서울남부지방법원 2018.11.09 2017고단4438
강제추행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On June 18, 2017, around 01:15, the Defendant made a telephone conversation at the near the Geumcheon-gu Seoul Metropolitan Government’s neighboring distance, while making a telephone conversation, and the victim C (n, 23 years of age) and the victim’s friendship D brought in with each other, and the victim made the victim’s her own kn's k's k's k's k's k's k's k's k'

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses C, D and E to the Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order

In light of the specific and consistent statements of the victim and witness to the effect that it conforms to the facts stated in the judgment, the defendant can be found to have committed an intentional indecent act against the victim by deceiving her her tumm.

Even if Defendant’s initial intent is to remove d from the victim who was spared with each other as Defendant’s investigation agency’s statement, the subjective constituent elements necessary for the establishment of the crime of indecent act by force, such as the relationship between Defendant and victim, the perspective of conduct, her scam, and the general sense of society about the above-mentioned and the crime of indecent act by force, are sufficient only with intention, and it does not require any subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire (see Supreme Court Decision 2005Do6791, Jan. 13, 2006, etc.). In light of the above, it is sufficient that Defendant’s act is deemed to constitute a crime of indecent act by intention.

We cannot accept the above assertion.

The reason for sentencing is the applicable law of the crime of this case.

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