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Reasons
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(영문) 인천지방법원 2014.02.11 2013고단4393
강제추행
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the seat chain store in Gyeyang-gu Incheon Metropolitan City, and the victim D (n, 20 years old) is the father's store in the same place.

At around 22:00 on June 3, 2013, the Defendant saw the victim to drink at the above heading food store, and came to drink with the victim as a nearby drinking house. The Defendant saw the victim to drink together with the victim.

On June 4, 2013, at least 00:0 on June 4, 2013, the Defendant singing in a singing room, where the trade name in the Gyeyang-gu Incheon Gyeyang-gu, Gyeyang-gu, Incheon is unknown, and sing down the victim’s hump with only one hand, so that the Defendant sing down the victim’s right hump with another hand.

Although the Defendant continued to put the victim into his face while sustaining the Defendant’s hand, the Defendant was faced with the victim’s sexual organ by hand.

Accordingly, the defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (a case of video recording content of victim Handphones);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (the punishment shall be determined as ordered in consideration of favorable circumstances, such as the fact that the defendant has committed the crime in this case by taking advantage of his/her position, and that he/she has not been agreed with the victim, etc., he/she shall be punished strictly, but his/her depth is against the defendant, only one time of a fine, and deposit KRW 15 million for the victim, etc.);

1. Articles 70 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. Where a conviction of the defendant against the crime of this case of the registration of personal information in Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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