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(영문) 수원지방법원 성남지원 2017.04.14 2016고단2836
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

On June 15, 2016, the Defendant committed an indecent act in a manner that accounts for the victim E (Gain, Gain, 53 years old) operated in Sung-gu, Sung-gu, Young-gu, Sung-gu, Sung-nam, 2016, in a sales store of sports supplies. After purchasing a new letter, the Defendant committed an indecent act in a way that the victim’s her own left hand outside his/her free will can only be spreaded once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. CDs and CCTV-cap photographs (the defendant and his defense counsel only contacted the victim in the course of personnelizing the victim at the response or encouragement level, and the defendant committed an indecent act or committed an indecent act against the defendant;

I argue to the effect that it cannot be seen.

However, the testimony of the witness E can be recognized as credibility in important parts, and the victim reported the crime of this case for the purpose of harming the defendant otherwise.

There are no extenuating circumstances.

In addition, considering the video of the reproduced CD, it appears clearly that the Defendant’s act was made at the victim’s her butt will, and it does not seem that such an act was made at the level of response or encouragement.

Therefore, the above argument by the defendant and defense counsel is without merit.

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant is the first offender, and the degree of the indecent act in this case is relatively minor: The defendant has a history of being subject to a disposition of conditional suspension of indictment for education of the protective observation office due to the charge of forced indecent act; the defendant was not able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be

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