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(영문) 수원지방법원 2018.08.30 2017고단7217
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 and the victim B (n, 21 years old) are the first accident at the club on May 19, 2017.

The defendant, around 03:00 on May 20, 2017, at around 03:00, has reached the Gangnam-gu Seoul Metropolitan City Maur.

“A film is the same person as the victim,” and “a film is referred to in the above telecom D with the victim, and the film is the victim’s own key together with the victim, and the victim refuses it, and the victim refuses to do so.

In other words, “I am off, but I am off,” and tried to be off or off the victim’s bucks, and forced the victim to commit an indecent act by deceiving the victim’s bucks.

Summary of Evidence

1. The legal statement made by the witness B (as credibility is recognized in light of the defendant's act, details of damage, situation before and after the crime, etc., the victim's statement has no circumstances to open false information in the victim's statement, attitude of the statement in this court, etc.);

1. Statement made by the police against B;

1. Photographss and receipts of CCTV in front of a corridor, and field photographs;

1. Application of Acts and subordinate statutes to investigation report (a record analysis of a record of the 112 order of the Seoul Regional Police Agency);

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

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such information becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order shall be disadvantageous to the defendant due to the defendant's age, occupation, risk of recidivism, and the method and motive of the crime.

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