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(영문) 서울서부지방법원 2017.08.09 2016고단4104
강제추행
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. 피고인은 2016. 10. 2. 12:00 경 서울 은평구 C 빌라의 입구 유리문 안쪽에서, 이웃 주민인 피해자 D( 여, 49세) 가 손수레를 밖으로 옮기고 있는 것을 보고 “ 도와 줄까 ” 라며 다가가 갑자기 주먹으로 피해자의 왼쪽 가슴을 툭 치듯이 눌러 피해자를 강제로 추행하였다.

2. On October 3, 2016, at around 12:00, the Defendant committed an indecent act by force against the victim, on the following grounds: (a) around 12:00, the Defendant: (b) around 12:00, in front of the branch stairs of the Bara, the victim’s discontinuance was flick in a cresh in which the victim was aware of the lush of the lush, thereby making the victim’s right hand hand hand

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (a) is relatively consistent and specifically consistent from the 112 Declaration to the present court, and each of the instant indecent acts by the Defendant, as well as the witness D’s statement on the criminal records at the time of each of the instant indecent acts is consistent with the Defendant’s statement and its credibility is recognized).

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (112 report on the analysis of recording files);

1. Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. Although the sentencing of Article 334(1) of the Criminal Procedure Act appears to have been caused by an indecent act committed by a neighbor on two occasions from the defendant, who is the reason for sentencing of the provisional payment order, due to the fact that the defendant denied the crime and did not seek the letter, the criminal liability is not somewhat weak, but the victim is not wanting to be punished against the defendant, and the method of prosecution is relatively weak.

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