(영문) 대구지방법원 상주지원 2019.05.14 2018고단398

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(영문) 대구지방법원 상주지원 2019.05.14 2018고단398

강제추행

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 17, 2018, around 23:32, the Defendant discovered the victim D(the age of 41) who attends the same church on the side of the C parking lot located adjacent to the Si-si B, and told the victim to “tobacco or a single fluor,” and moved the victim to the above training zone with the victim to commit an indecent act against the victim during the course of smoking the cigarette with the victim, and the victim was fluencing with the victim in mind. The inside of the house was flussium. The inside of the house was flusium and flusium. The inside of the house was flusium and flusium. The victim, who is expected to have been flusium, was flusiumd one time with the victim’s flusium, and flusiumd 10,000 won with the victim’s flusium and flusiumd flusium.

2. On August 18, 2018, at around 00:18, the Defendant, at the training center on the first floor as stated in the above paragraph (1), sent the victim with a mind to have the victim be mixed in shock and to commit an indecent act on the victim’s side, and made the victim sit in the victim’s seat, and then put the victim’s bridge on the victim’s bucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment (the punishment shall be imposed in consideration of favorable circumstances, such as the fact that the punishment is not imposed, the degree of indecent act is relatively minor, the agreement with the victim is reached, and the primary charge is the one);

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

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. A sex offender subject to registration under Article 334(1) of the Criminal Procedure Act shall be subject to the obligation to register personal information;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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