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(영문) 대전지방법원 논산지원 2015.11.17 2015고단224
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 08:00 on January 25, 2015, the Defendant laid his son in a gold-nam passenger ticket box located in the Hongsan-do, Hongsan-si, Hongnam-gun, Chungcheongnam-do, under the bottom of the victim C (V, 72 years old) who was seated.

In this regard, the victim called "dle.....", while being sealed by the defendant as a hand, he/she saw the defendant again on the job.

그럼에도 피고인은 다시 앉아있는 피해자의 엉덩이 밑으로 양손을 넣으면서 “따뜻하다”라고 말하고 엉덩이 밑으로 넣은 손을 꼼지락거렸다.

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

Summary of Evidence

1. The witness C’s legal statement (in comparison with the police’s statement, etc., the contents of the statement are relatively consistent and concrete. Moreover, there is no inconsistency with other evidence, such as D’s statement. Also, in light of the relationship with the Defendant, etc., there is no circumstance that the false statement will be opened.)

1. The witness D’s legal statement (E testified in this court that D testified that it was “not true” to the defendant, but this alone cannot be deemed that D’s above statement was false

1. Application of the prosecution examination protocol to the accused;

1. Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (hereinafter referred to as the “Sexual Crimes Punishment Act”).

5. Article 334 (1) of the Criminal Procedure Act.

6. The main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

7. If a conviction against a crime holding the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act, and is obligated to submit personal information to a related agency pursuant to Article 43 of the Sexual Violence Punishment Act

8. An order of disclosure;

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