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(영문) 춘천지방법원 2016.06.17 2016고단307
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. On March 11, 2016, at around 00:52, the Defendant: (a) committed an indecent act against the victim E (here, 24 years of age) who is a part of the DPC located in Chuncheon-si C, with a view to having the victim feel hykely committed an indecent act; and (b) had the victim followed the victim’s shoulder hys.

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

2. On the same day as that of paragraph 1, the Defendant pushed ahead of the victim’s side of the victim at the same place as that of paragraph 1 at around 03:16, the Defendant pushed ahead of the victim’s sexual intercourse.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to E;

1. The result of reproduction of CCTV drives in this Act;

1. A criminal investigation report (Attachment ofCCTV USS) and a criminal investigation report (data to cut offCCTV images) (in relation to the crime No. 2, the Defendant and his defense counsel did not closely attach the Defendant’s sexual fluor, etc. at the time when the Defendant had inflicted the Defendant’s sexual fluor, etc.

However, according to the consistent statement made by the victim's investigative agency and CCTV USB video, etc., the defendant's following facts as stated in the judgment of the court below can be sufficiently recognized that the defendant followed the victim, such as the victim's sexual intercourse, etc., and the defendant's defense counsel's assertion is insufficient to reverse the above recognition merely because the defendant's defense counsel asserts that the above recognition is insufficient) is applied to the law.

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act and the choice of fines for criminal facts;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is not significantly good in light of the background, means, and methods leading up to the instant crime. This is due to the instant crime.

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