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(영문) 의정부지방법원 2018.04.18 2017고단5156
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 September 13:30 on September 7, 2017, the Defendant used the victim D (name, leisure, age 24) working at the above hospital that divided the two stories with other patients in the waiting room of the second level of the C hospital located in the Gu-si B, the government around 2017.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. The legal statement of D;

1. On-site and CCTV photographs (the defendant and his/her defense counsel did not commit an indecent act or did not intend to commit an indecent act;

However, in light of the following: (a) the victim’s statement on the background and content of the instant indecent act is consistent; (b) the victim informed his/her employee of the fact of damage immediately after the instant case; and (c) the victim does not seem to have any specific circumstance to find the Defendant, the victim’s credibility of the victim’s statement is recognized; (c) the Defendant’s indecent act by force as stated in the facts constituting an offense is acknowledged; and

Application of Statutes

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

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 fact that an indecent act committed by a hospital with the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not good, and that no agreement has been reached with the victim is unfavorable.

Provided, That the punishment as ordered shall be determined by comprehensively taking into account the fact that the defendant has no criminal history of the same kind, and other conditions of sentencing as shown in pleadings, such as the age, sex, and environment of the defendant.

Where a conviction becomes final and conclusive in relation to a crime in the judgment that is a sex crime subject to registration and duty to submit personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to

An order of disclosure or exemption from notification.

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