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(영문) 광주지방법원 2013.09.12 2013고단3459
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 18, 2013, at around 21:13, the Defendant: (a) discovered the victim C (n, 20 years of age) who had been going to return home on the north-gu building 103-dong, Chungcheongnam-gu, Gwangju; (b) caused the desire to return home; and (c) led the Defendant to board the elevator of the above building with the victim; and (d) committed an indecent act by forcing the victim to take the victim’s hand with the left hand in a way that the victim’s hand can not satisf.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on CCTV afforestation files;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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 the instant judgment becomes final and conclusive against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is 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, and is obliged to submit personal information to a competent agency pursuant to Article 43 of the same

However, in light of the fact that the defendant has no criminal record, there is a special reason to prohibit disclosure of personal information. Therefore, the court does not order the disclosure of registered information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse.

In order to find out the cell phone numbers of the victim when only the defendant and the victim are located in an elevator closed with the reason for sentencing, the victim injured the victim by his/her son got off to the elevator seat, the defendant was able to take the hand of the victim who is faced with himself/herself, and the victim was pushed off the body of the defendant.

After the defendant discovered a mobile phone number from the victim, the victim gets sound in the elevator, and the degree of indecent act by the defendant is not more severe, but the victim is more severe.

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