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(영문) 수원지방법원 성남지원 2017.08.18 2017고단1289
강제추행
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is the manager of C hotel in Seongbuk-gu, Sungnam-si, and the victim D (V, 22 years old) is the employee of the above hotel.

1. 피고인은 2017. 3. 31. 20:30 경 성남시 중원구 E에 있는 F 술집에서, C 호텔의 직원들과 회식을 하던 중 피해자에게 “ 요즘 어린 사람들은 어떻게 연애를 하니” 라면 서 갑자기 피해자와 팔짱을 끼고 이에 피해자가 항의하였음에도 갑자기 피해자의 어깨를 손으로 감 싸 안아 강제로 추행하였다.

2. Around 23:55 on the same day as Paragraph 1, the Defendant committed an indecent act by force against the victim by inserting two fingers between the victim’s winter-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, and the victim who was seated in the h, "a dancing aute", and the victim resisted the victim, even though the victim resisted, the Defendant committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records as the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and the defendant has committed each of the crimes of this case without being aware of it even during the period of suspension of execution due to the same criminal records, and the defendant's attitude and attitude at an investigative agency after

However, in light of the fact that each of the crimes of this case was led to confession and reflective attitude, the victim expressed his intention not to punish by mutual consent with the victim, the degree of indecent act is relatively weak, the circumstances leading to each of the crimes of this case, and other circumstances under Article 51 of the Criminal Act, etc.

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