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(영문) 인천지방법원 2018.01.09 2017고단4299
준강제추행
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

On January 14, 2017, the Defendant, at around 23:00, carried out drinking with F, the university motive “E” (F, the victim G, 28 years old), which was travelling together at the guest room in Yananannam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Yan-gun, and carried out drinking in the above penta room.

On January 15, 2015, from around 02:00 to 03:00, the Defendant, while under the influence of alcohol, took the face of the victim who was divingd at the bed room of the above pent, she saw the face of the Defendant, and saw the victim’s sound with left hand, she saw her back from F to her face.

After diving, the Defendant re-entered the victim's chest and neck on the part of the victim, who was divingd on the part of the victim and F, with the face of the defendant, and unfolded the victim's sound by left hand.

Accordingly, the defendant committed an indecent act against the victim who has been in an breathic state due to the breath of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Each police statement concerning G and F;

1. Written opinions, each H message and recording;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

A. Due to the instant case, the victim suffered considerable mental suffering between 10 years and 10 years, and the husband of the victim who was married, and the father of the victim who was married, and the friendly F, suffered mental suffering.

B. Not only the victim did not reach an agreement but also the victim requires a strict punishment against the defendant.

However, the following favorable sentencing factors, and the age, sex, environment, motive, means and consequence of the commission of the crime.

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