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(영문) 대구지방법원 포항지원 2015.05.28 2014고단1353
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

On July 14, 2014, at least 15:35, the Defendant committed an indecent act by force against the victim E (the age 22) by inserting the left hand on the part of the treatment clothes of the victim when the victim E (the age 22) was in charge of water treatment in a physical therapy room 7 at a physical therapy room in North-gu, North-gu, Sinpo-si, in order to take physical treatment as a traffic accident patient. On July 14, 2014, the Defendant placed the left hand on the part of the treatment clothes of the victim, sent about 10 seconds of the victim's left part of the treatment clothes, and sent the victim with a defensive fact to put in electricity again, and intending to put the victim's right hand on the left hand for about 5 seconds of the victim.

Summary of Evidence

1. Legal statement of the witness E (victim);

1. Each police statement made to E (victim) and F;

1. Requests for cooperation in investigation (verifications, such as day-to-day, extra-treatment, etc.), application of Acts and subordinate statutes to investigation reports;

1. Article 298 of the Criminal Act and the choice of a fine for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the victim’s statement and other evidence, are specific and clear, and the victim does not know the victim himself/herself, and the crime is not contrary to the victim’s consent or the victim’s reimbursement is not made.

However, the extent of the instant indecent act is relatively minor and does not exercise violence; the Defendant has no record of punishment exceeding the same kind of criminal record or fine; and the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime are considered in consideration of various sentencing factors indicated in the records, such as the Defendant’s age, character and conduct

Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the criminal facts stated in the ruling that are subject to registration and submission of personal information.

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