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(영문) 의정부지방법원 2013.05.16 2013고정639
준강제추행등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 10, 2012, around 01:25, the Defendant opened a entrance that does not have been corrected before the residence of the victim E (Inn, 26 years of age) in Gyeonggi-si, and intruded into the residence of the victim. On the other hand, the Defendant carried out the door back to the victim who was diving from this place, and dumped the victim’s shoulder with his left hand, thereby committing an indecent act on the victim.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 319 (1) of the Criminal Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant asserts that the victim's house was drunk so as to mislead the father of the defendant as the house of his father, and that the victim who was living in the ward was mistaken as the mother of the defendant, and that there was no intention of entering a residence or indecent act by indecent act by force.

2. The following facts acknowledged by the evidence duly adopted and examined by this court: (i) the defendant was at the bus stops in front of his house to return home at the new wall time and there is no reason to move back to the house of his father; (ii) the defendant's father's house and the house entrance of the victim are different; (iii) the defendant's father's house and the house entrance of the victim are different; and (iv) the defendant's house were mistaken for the defendant's father's house because the distance falls short of about 1.2 km; and (iii) even if the female was in a ward, the defendant's behavior was carried out to cover the shoulder back of his female mother who is an adult.

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