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(영문) 인천지방법원 2015.01.08 2014고단6407
강제추행
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

피고인은 스마트폰 채팅 어플리케이션인 ‘즐톡’을 통해 알게 되어 피고인의 집에 살고 있던 C를 통해 피해자 D(여, 19세)를 알게 되었고, 피해자 역시 정해진 거처가 없다고 하여 2014. 4. 21.경부터 인천 남동구 E건물 501호에 있는 피고인의 집에서 함께 생활하였고, 피해자로 하여금 안방을 사용하게 하였다.

1. Around 07:00 on April 27, 2014, the Defendant committed an indecent act against the victim by compulsion at the above place, and the victim, who was in an inner bed in the inner bed room, expressed that “one time only,” and forced the victim to commit an indecent act against the victim.

2. Around 06:00 on May 13, 2014, the Defendant committed an indecent act by force against the victim’s sexual organ in a state where he was under the victim’s body and was under the victim’s body and was under the victim’s mind to force force force the victim’s sexual organ into a part of the victim’s sound, and was under the victim’s inner part when he was under the victim’s inner part.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing mobile phone text messages;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of a selective fine for punishment (the defendant is not the same as the previous defendant, and considering the fact that he/she is committing a crime);

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. Where a judgment to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the accused shall obtain personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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