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(영문) 인천지방법원 2017.05.24 2016고단8072
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 June 1, 2016, at around 22:50, the Defendant 22:50, while drinking alcohol with other daily activities in the D drinking house located in Nam-gu Incheon Metropolitan City, the Defendant passed by the victim E (e.g., 44 years old) who was drinking alcohol in the table before the toilet for the purpose of going to the toilet. The Defendant putting his left hand on the table of the victim who was carrying two descendants on the table, into a space with the victim’s left hand, and putting the victim’s left chest the chest on one stop.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. The defendant and his defense counsel asserts that no fact exists that the victim's chest exists, such as facts constituting the crime.

A victim E and witness F made a concrete statement in an investigative agency and in this court about the attitude of the crime and the situation at the time of the crime, and there is no reason to doubt that the statement is false (Although there is a difference in the content of the statement made by the injured party immediately after the commission of an indecent act, it is consistent with the content that the injured person was dead at the time of the defendant's arms and immediately after the commission of the act). G did not witness the scene of the crime, but it did not specifically state the situation after the commission of the crime, and supported E and F's statements.

As a result of the examination of evidence, the defendant was judged to have caused the victim's bodily injury intentionally.

Application of Statutes

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 a conviction of the accused is finalized on the facts constituting a sex crime subject to registration, which is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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