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(영문) 대전지방법원 서산지원 2016.12.16 2016고단734
준강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on August 25, 2016, the Defendant committed an indecent act by compulsion, such as, around 03:47, the Defendant, who was unable to resist due to diving on the side of the victim E (the name of the victim, the 19-year old age), who was unable to resist due to locking in the Drup fire fighting in Yannam-gun, Yannam-gun, she tried to rhum the victim’s chest and to be off the victim’s b

2. 폭행 피고인은 제1항 기재 일시, 장소에서 자리를 옮겨가며 여성들에게 추행을 시도하던 중 이를 목격한 피해자 F(33세)로부터 제지당하자, “니가 나 아냐, 새꺄”라고 욕설하면서 피해자의 멱살을 잡고 주먹으로 피해자의 오른쪽 뺨 부위를 1회 치고, “야 이 씨발 놈아, 너 뭔디, 나 아냐 나가서 한 번 붙자”라고 욕설하며 주먹으로 피해자의 왼쪽 어깨를 1회 치는 등 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of each police officer made to F and G;

1. A statement of H and E;

1. Application of statutes on CDs in field photographs, stenographic records, expert opinions, and CCTV backups;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of each fine;

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) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to provisional payment order: A favorable condition in which the degree of indecent act is not easy: The first crime is agreed with the victim of quasi-indecent act; the first crime is reflective; the defendant's age, environment, character and conduct, motive, means and consequence of the crime; and all factors of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the same as the order.

The judgment of conviction is made on the criminal facts of quasi-indecent act committed on the judgment that is subject to registration and obligation of personal information.

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