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(영문) 대전지방법원 공주지원 2015.03.27 2014고단207
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

1. From around 00:40 on May 30, 2014 to around 01:0, the Defendant: (a) taken the mind to force the victim E (the 21 year old employee), who had been engaged in drinking in drinking with three male customers at the entrance of “D,” which was operated by the Defendant, at around 00:00, when drinking alcohol with three male customers; and (b) committed an indecent act against the victim by coercioning the victim E (the 21 year old employee), who was an employee of the above entrance room, who was an employee of the victim.” (a) the victim’s her son’s son’s son’s son was flick with the victim at one time, and the victim’s her son’s son’s son’s son was flick with the victim’s son’s son’

2. The Defendant, at around 04:00 on May 30, 2014, committed an indecent act by force on the part of the victim, who was playing together with the victim and three of the above customers at the Gnonogle 1 room located in F, with the victim’s own hand, who was on the job in order for him/her to go to the toilet.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement of E [the above statement of E is highly reliable in full view of the fact that the complaint of E was made immediately after the occurrence of the crime of this case, the condition of E at the time of the complaint, the physical strength of its statement, and the circumstances where H and I had difficulty in witnessing the crime of this case because the exercise of force in the crime of this case was insignificant, and the attitude of I after the occurrence of the crime, etc.];

1. Photographs;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (referring to the H of reference witnesses and the J counterpart investigation);

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes resulting from the crime of indecent act by compulsion on or around May 30, 2014, around 04:00) by aggravation of concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The Criminal Procedure Act;

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