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(영문) 대전지방법원 천안지원 2018.10.02 2017고정798
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was a previous employee of the Victim B (the family name, the female, the age of 22).

On February 8, 2017, the Defendant: (a) around 00:00, around Asan City, sent to the Defendant, in front of the “D’s singing room” located in Asan City C, with the Defendant’s performance and incidental performance, and (b) had the victim and the victim go together within the said singing room 2.

The Defendant singing the victim’s shoulder and satisf by hand while singing and playing, and satisfing the victim’s shoulder and satisf by inserting his hand into the clothes of the victim’s own satch, and continuously placing his finger into the victim’s blaf with his satch, and the victim’s batfe E who observed this batfs the victim’s finger.

The Defendant stopped (hereinafter “indecent act in the room 2”). Then, the Defendant intending to take the victim’s hand and take the victim’s hand into the above 2 head room and 5 head room, and attempted to be frighted after being pushed the victim’s chest toward his her table, and the victim tightly pushed the Defendant’s chest, and “the victim will come to fluorly festly felly, I will come to the latter.” The victim “I will come to fluor only once,” and the victim “I will come to fluor only once, I want to take the victim’s face, forced the victim’s face, put the victim’s face into the victim’s drafting by force (hereinafter “Indecent act in the room 5”). This led to the Defendant’s indecent act by force twice.

Summary of Evidence

1. Each legal statement of witness B, E, and F;

1. Application of the Act and subordinate statutes to the investigation report (as to the attachment of a victim's cell phone list 112 telephone images to a photograph by cutting off the on-site CCTV images);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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. Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).

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