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(영문) 광주지방법원 순천지원 2017.06.30 2017고단757
강제추행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The victim B(n, 53 years old) was first aware of the defendant who visited the above restaurant customer while working as an employee of the △△ restaurant located in Bosung-gun C.

After the completion of the above restaurant business, the defendant would drink with the victim and other persons, and the victim will drive D that is owned by the victim of the alcohol so that the victim will bring the victim to the house by driving the XG car.

was made.

1. On April 2, 2017, the Defendant: (a) on April 2, 2010, operated the said franchise in the state of alcohol alcohol concentration of 0.079%; (b) around 01:10, the Defendant was under the influence of alcohol at around 01:0,000 and driven the said XG car.

2. On April 2, 2017, around 00:50 on April 2, 2017, the Defendant was forced to commit an indecent act: (a) the said franchise was set up on the road near the village of Bosung-gun, YG; (b) the victim was under the influence of alcohol; and (c) the victim’s chest was able to look at once by hand; and (d) the victim was frighted with the Defendant’s grandchildren, and (e) the Defendant continued to “one defect.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of the police statement protocol law to B

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act, and the choice of fines;

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

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. Article 334(1) of the Criminal Procedure Act provides that the criminal records of a fine due to driving of drinking alcohol for the reason of sentencing of the order of provisional payment are one time; on the other hand, the defendant reflects the defendant and agreed smoothly with the victim; the relation between the defendant and the victim; the degree of prosecution; the defendant's age, sexual conduct, family relationship, environment;

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