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(영문) 의정부지방법원 2018.07.26 2018고정671
강제추행
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the defendant B Et customer and the victim C is the victim B Et worker.

On June 30, 2017, the Defendant followed up to the victim who displays a water breath from the Japanese Corner located in D, Namyang-si, Namyang-si on June 30, 2017, and “each year”.

“A indecent act was committed in such a way that the injured person feel a sense of sexual humiliation by making the injured person feel a sense of sexual humiliation one time as the injured person’s right am her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C;

1. The Defendant asserts that, in the process of setting up the body, the victim was tampers in the process of making up the body while detecting the victim who is an employee and intending to find out the upper part of the CCTV image image in B, the Defendant did not commit an indecent act against the victim.

However, according to the evidence duly adopted and examined by this court, the defendant is found to have her her son's her son's her her son at the time of the instant case, and the defendant was her her son at the victim's her her her son at the time of the instant case.

In addition, the subjective element necessary for the establishment of the crime of indecent act does not require any subjective motive or purpose to stimulate, arouse, and satisfy sexual desire as a subjective element. Moreover, the above act by the defendant is sufficient to deem that the act by the defendant is an indecent act committed in violation of the good sexual moral sense, which causes a general and average person to feel sexual humiliation or aversion and is contrary to the good sexual moral sense.

Therefore, we cannot accept the above argument.

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 order of provisional payment;

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