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(영문) 수원지방법원 성남지원 2014.12.17 2014고정807
강제추행등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 04:00 on June 23, 2013, the Defendant rejected the Defendant’s motion to play together with the victim E (V) at the D club located in Seongbuk-gu, Sungnam-si, Sungnam-si, and proposed to play together with the victim E (V). However, the Defendant was working.

At around 04:30 on the same day, the Defendant: (a) discovered the victim’s body from the female toilet of the above building, frightened the victim from the victim’s body to the two arms, and assaulted the victim, i.e., attempting to enter the victim’s body into the outside.

2. On June 23, 2013, the Defendant: (a) around 04:40 on June 23, 2013, the victim F (22 years of age) who is one of the victim E in front of the club located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) was not sealed by the victim E; (c) was shaking the victim F’s head debt; and (d) was the victim G, who reported it to the police, was the victim G’s face.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, H, and I;

1. Application of the victim E and F-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act regarding the above criminal facts, the Defendant and his defense counsel asserted that the Defendant’s act constituted self-defense, since the Defendant’s act was merely f or E in the process of cutting off to escape from a group violence from F, etc., and thus, the Defendant’s act constitutes self-defense. In full view of the above macroscopic evidence, the exercise of physical power against F and E cannot be deemed as constituting self-defense under the Criminal Act, since it does not constitute a simple defense but constitutes self-defense.

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