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(영문) 대구지방법원 김천지원 2020.01.08 2019고단1275
강제추행
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 2019, the Defendant became aware of the victim C (n, 22 years of age) through pro-enemy B and became aware of the fact that there was a few times thereafter.

On August 6, 2019, at around 00:20 on August 6, 2019, the Defendant saw the victim’s mobile phone by sitting in the side of the victim while drinking alcoholic beverages together with the victim and B, and took the face on the part of the victim’s shoulder, she gets the victim’s ear, and she gets the victim’s arms, and she committed an indecent act by force against the victim by deceiving the victim’s buckbuck.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Application of Acts and subordinate statutes to each photograph (F dialogue content and CCTV image);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (with regard to the absence of a criminal record of the same offense, the details of the offense, the circumstances leading to the offense, the intent

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act is that the victim’s body is contacted several times, and in particular, the bucks and bucks are subject to heavy liability if they are in contact with the victim’s body.

However, in view of the conversation between the victim and the defendant and the B, it is recognized that the victim told the defendant that the victim was "B hicking off his/her work," with the aim of showing B to B with the knowledge that he/she is good, in the drinking place on the day of this case.

Of course, the defendant's mistake cannot be denied, but at the time of third party's relationship or time.

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