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(영문) 인천지방법원 부천지원 2015.06.10 2015고단334
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim C (the age of 21) were 102 dong-gu D building 102 dong-gu 401, and they were 21 years old.

1. Around October 17, 2014, the Defendant committed the crime, around October 17, 2014, committed an indecent act by force against the victim by inserting his/her fingers into the victim’s chests in the parking lot of the said company at around 18:00 on October 17, 2014.

2. On October 24, 2014, the Defendant committed the crime, around October 24, 2014, committed an indecent act by force against the victim by inserting his/her son on the part of his/her own son at the workplace of the said company around October 18, 2014.

3. Around October 27, 2014, the Defendant committed the crime, around October 27, 2014, placed the victim’s chest into the victim’s inner part, and committed an indecent act by force, by inserting the victim’s chest into the victim’s own inner part, at around 17:00 on October 27, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of the witness C’s legal statement [the defendant and his defense counsel asserted that the defendant did not commit an indecent act against the victim on October 24, 2014, but the victim’s statement is consistent and specific in light of the consistent and specific point of view, credibility of the victim’s statement can be acknowledged, and the defendant’s and his defense counsel’s assertion

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

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. Article 16 (2) 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 on the ground of sentencing of the instant crime is that the Defendant appears to have started to have frighten the same-sex company’s fellows, but the Defendant, by doing the same act with the victim several times in the space where others are located, leads to the occurrence of a sense of sexual humiliation by the victim, and the Defendant’s serious reflection to the investigation agency and this court.

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