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(영문) 서울북부지방법원 2016.04.21 2015고단2847
강제추행
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

On May 17, 2015, around 23:34, 2015, the Defendant discovered the victim D (Woo, 27 years of age) who was fright in front of Mapo-gu Seoul, Seoul, and committed an indecent act by force against the victim by taking the victim's chest by his fright hand with his breath's desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D in the fourth public trial protocol;

1. On-site video files (the defendant and his defense counsel asserts that the defendant has no chest of the victim.

However, in light of the fact that the statements made by the victim in the court and the police are consistent and specific with the defendant's act, contents of damage, the fear and response of the victim, the situation before and after the crime, and the circumstances where the victim's statement cannot be recorded falsely, the credibility of the statements is recognized. According to the CCTV images taken at the time of the instant case, it is not deemed that the defendant suffered losses in order to avoid collision with the victim, such as the vindication.

According to each evidence of the judgment, the application of the law is sufficiently recognized that the defendant committed an indecent act against the victim.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reasons for sentencing are as follows: the major factors of sentencing and the age of the defendant.

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