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(영문) 광주지방법원 순천지원 2017.09.08 2017고단1214
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 is the director of the division of the D food operation team of the golf course C golf course located in B at all times, and the victim E (V, 35 years of age) is the person who performs the above D main subsidy work.

At around 18:00 on May 5, 2017, the Defendant used the victim’s buckbucks, which were seated next to the Defendant’s own hand, while drinking alcohol with his employees, at the entrance entrance room at the above D bank around May 18:0, 2017, and used five times for the victim’s buckbucks.

”라고 소리치며 피고인의 손을 쳐 냈음에도, 피해자에게 러브 샷을 요구하여 함께 러브 샷을 하게 되었는데 그 과정에서 피해 자가 마시던 술을 흘리자 손으로 피해자의 가슴을 1회 쓸어 올렸다.

On the other hand, the victim continued to use the victim's gate by her hand after the victim she saw the victim's seat to the defendant, and she saw the victim's her seat to use the victim's gate by her hand after coming to the defendant's seat, and she tried to leave the victim's chest by her hand, but she left the victim's finger by her hand, and she saw the victim's finger by her hand.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act does not constitute a crime by indecent conduct even though the victim expressed his/her intention of refusal.

On the other hand, a punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the defendant's age, sex, family relation, environment, circumstances after and result of the crime, and the circumstances after the crime.

subject to the registration of personal information.

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