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(영문) 대전지방법원 천안지원 2016.08.19 2015고단2036 (1)
강제추행등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On August 29, 2015, at around 23:00, the Defendant: (a) committed an indecent act by force against the victim’s next victim on the part of the victim D (hereinafter “Esing practice hall”); (b) VIP 1 room operated by the victim D (hereinafter the age of 46) located in Nam-gu, Nam-gu; (c) the victim cited the beer ordered by the Defendant; and (d) the victim was seated on the table and opened on the table; and (d) the victim was seated on the instant table, and thus, he was forced to commit an indecent act by force against the victim once.

2. On August 29, 2015, the Defendant, at around 23:00, assaulted the victims of the instant “Esing practice room” in the instant “Esing practice room, and when the victims resisted the facts described in the said paragraph 1., the Defendant committed assaulted the victims of the instant vain tree in the head of the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each photograph (a victim is recognized to have committed an indecent act in light of the fact that the victim has consistently made a statement from the investigative agency to the court about the details of the prosecution and the conditions before and after the prosecution, and the statement made by the police officer dispatched also conforms to the above, etc.);

Application of Statutes

1. Relevant Article 298 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, and the selection of each fine for 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. Articles 70 and 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 a case where a conviction of an indecent act committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act for the crime of this case is finalized on the grounds of sentencing, such as the fact that the injured person appears to have suffered mental pain due to the crime of this case, that the accused is committed an assault, that there is no record of a sex offense, and that there is no record of criminal punishment exceeding a fine, and that there is no record of criminal punishment, it constitutes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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