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(영문) 서울북부지방법원 2017.03.30 2016고단729
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 15, 2015, the Defendant was cleaning at the smoking room of the DPC room located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around 22:30 on August 15, 2015, to the Victim E (V, 20 years of age) who “I fabab and I fabab.”

The term “the victim was less than the victim’s knife at hand.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of the statement of the witness E (each statement of the victim in the victim's court and investigative agency is recognized in light of the victim's act, content of damage, perception and response, consistent and specific facts about the situation before and after the commission of the crime, and other circumstances where the false statement is not visible, and the attitude of the statement in this court, etc.

According to the evidence of each judgment, the defendant's act may be recognized as having been committed by the defendant, and the above act by the defendant may cause sexual humiliation or aversion in light of social norms, and infringed the victim's sexual freedom as an act contrary to good sexual morality.

Therefore, it is reasonable to view that the act constitutes an indecent act prescribed in the crime of indecent act by force, and furthermore, in light of the behavior of indecent act by a child and the circumstances at the time, the relationship between the defendant and the victim, the intent of indecent act by the defendant may also be recognized.

Therefore, it is recognized that the defendant was forced to commit an indecent act against the victim).

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Juveniles, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure order and notification order of this case expected.

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