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(영문) 청주지방법원 2016.11.10 2016고단1814
강제추행등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who had been working for the Company C in the Heung-gu Seoul Metropolitan Government B from around 2000 to May 2016, and the victim D (V, 32 years of age) is a person who had worked for the same Company from around July 2013 to February 2016.

1. At around 22:00 on July 2014, the Defendant said that, while working at night with the victim at the office of the above company, the Defendant said that, at the time of night work with the victim, the Defendant said that, at the hand floor of the victim, “any fright materials exist.....................”, the Defendant used the victim’s string to the end of the string, and that, at the same time, the Defendant said that “the string inside the string is equal to the string of the strings............”

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

2. 성폭력범죄의처벌등에관한특례법위반(통신매체이용음란) 피고인은 2015. 7. 9. 23:41경 피고인의 차량으로 청주시 서원구 분평동 일대를 이동하던 중, 휴대전화로 피해자에게 “아니 넌 안 돼, 넌 기가 쌔 졸라, 지금 남친도 정력으론 니가 이기지.”, “말만해 니 궁합하고 맞아 오빠가 ㅋㅋ”라는 문자메시지를 발송하였다.

As a result, the Defendant sent to the victim letters that may cause sexual humiliation or aversion through communications media with the aim of inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the defendant

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to F message outputs;

1. Article 298 of the Criminal Act applicable to the crime; Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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