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(영문) 서울남부지방법원 2018.05.11 2017고단4568
강제추행
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Defendant

A ( South and fifty-three years of age) is a singing room business, and the victim B (nives) is a singing guest.

At around 00:35 on 25, 2017, the Defendant committed an indecent act by force against the victim, who was locked by both descendants, by sending off the victim from “D” located in Yangcheon-gu Seoul Metropolitan Government, and then making it possible to use the victim’s hytho to the lower chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness B and E's statutory statements;

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. As to the Defendant’s assertion of Defendant’s light defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant’s defense counsel: (a) the Defendant’s light defense counsel was sealed by a string, etc., and the Defendant’s victim, etc. who delayed his business operation in an open state, and did not intentionally commit an indecent act like a criminal fact.

The argument is asserted.

The victim's specific and consistent statement about the homicide, the contents of the prosecution, and the victim's accusation was made on the day of the prosecution, and the defendant committed the crime against the victim in the process, and the defendant himself was able to attack the victim's body (such as the victim).

In light of the fact that the defendant does not have any reason to attempt physical contact to the victim at the time, the fact that the defendant intentionally committed an indecent act against the victim is recognized in light of the fact that there is no reason for the defendant to attempt to contact the victim at the time, the general evaluation of the society about other person's blurgy or that it meets it, and the subjective element necessary for the establishment of the crime of indecent act, and that there is not a need to make a subjective motive or objective to stimulate, blurize and satisfy sexual humiliation (see Supreme Court Decision 2013Do586, Sept. 26, 2013, etc.).

Defendant

No defense counsel's assertion shall be accepted.

The reason for sentencing.

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