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(영문) 서울남부지방법원 2019.07.24 2019고단568
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 19, 2018, at around 20:13, the Defendant committed an indecent act against the victim by using the victim D (22 years of age) who d (22) who wraps tobacco on the front side of the Defendant while smoking a cigarette, in a male bath smoking room of “C Syna” located under the underground floor of Yeongdeungpo-gu Seoul Metropolitan Government B building.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The victim asserts that the victim’s statement is reliable in light of the following: (a) photographs at the scene of the crime; and (b) one copy of the report processing statement of 112 reported cases [the defendant only spucks fucks fucks fucks fucks of the victim; and (c) there was no intention to commit an indecent act. However, the victim made a concrete and consistent statement from the investigative agency to this court on the main part, such as the commission of indecent act, the method and contents thereof, and the situation before and after the indecent act, etc.; and (d) the victim reported to 112 “her mother has sexual organ,” and it is difficult for the victim to find any motive or reason to identify the defendant by making a false statement against the defendant. On the other hand, the defendant stated in the prosecutorial investigation that “the victim was buckbucks bucks bucks fucks fucks fucks fucks fucks fucks fuck.”

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant denies the crime and the damage has not been recovered, and the indecent act committed by the defendant.

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