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(영문) 의정부지방법원 2017.11.30 2017고정1185
강제추행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. From around 02:20 on December 1, 2016 to around 03:00, the Defendant forcibly committed an indecent act by force, such as the victim and his/her her friend and her friend’s friend in the street room in Yangju-si with CD located in Yangju-si with the victim E (the victim is 25 years of age) in the process of drinking friend, such as the victim and his/her friendian drinking house, and the victim’s friend with the conversation on the street.

2. A summary of the evidence that the Defendant, at around 03:10 on the same day, sentenced the victim who suffered indecent act, such as as described in paragraph 1, in front of G in both sides F at the Yangju City, by hand on the ground that he said the victim as “bris”, he/she was at least once.

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. 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 concerning the order of provisional payment;

1. The defendant and his/her defense counsel asserted that the judgment on the issue of the main text of Article 186(1) of the Criminal Procedure Act (in cases of forced indecent act) is based on the fact that the defendant puts his/her hands on the victim's shoulder, but there is no fact of indecent act, such as the victim's cherthrops as stated in this part of the facts charged.

On the other hand, the following circumstances acknowledged by this Court comprehensively based on the evidence duly adopted and examined by this Court, i.e., the victim, from the investigative agency to the court, i.e., the victim was smoking together with the defendant while drinking together with another person. However, the defendant was suffering from the back of the victim's body, resulting in the victim's injury.

2.3.

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