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(영문) 서울남부지방법원 2018.07.27 2018고단692
강제추행등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant came to know of drinking in the packaging flag in Seoul Tae-dong, Seoul, for about one year before the victim B (n, 44 years of age) and about one year, and maintained a friendly relationship.

On February 16, 2018, at around 16:00, the Defendant prevented the victim from leaving the house by hiding the cell phones and clothes of the victim who want to drink outside the house while drinking together with the victim, at the inside of the Defendant’s residence located on the first floor underground of the Yeongdeungpo-gu Seoul Metropolitan Government building C, Yeongdeungpo-gu.

Accordingly, the defendant detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant Article 276 of the Criminal Act concerning the facts constituting a crime, Article 276 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing sentencing under Article 334(1) of the Criminal Procedure Act takes into account the details of the instant crime, relationship with the victim, etc. However, considering the circumstances leading up to the instant crime, the victim’s wishes not to punish the victim, and the fact that the Defendant is against the Defendant, the sentence identical to the order shall be imposed by taking into account all such factors as the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the commission of the crime.

Parts of innocence

1. The summary of the facts charged (voluntary indecent act) by the Defendant: the time, place, body size of the victim’s resistance after suppressing the victim’s resistance; Cheongba, Cheongbababababab, knbab, and brobabababa; Hababaved the victim’s panty only by means of probabaing the victim’s panty with the upper floor, and prevented the victim from leaving the victim’s humbabababa.

계속하여 피고인은 피해자를 품안으로 끌어당겨 팔과 다리로 감 싸 반항하는 피해자를 움직이지 못하게 한 다음 피해자의 가슴, 젖꼭지, 음부를 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The recognition of facts constituting an offense in a judgment in a criminal trial is consistent with a judge.

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