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(영문) 수원지방법원 안산지원 2018.10.24 2018고단2435
강제추행
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 21, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint attack) at the Seoul Central District Court on April 21, 2017, and was taken back at the heading B of the Seoul Detention Center, which was located in 143, G, and the Defendant was also the victim C (26 years old) who was also serving in the said heading B.

1. On May 10, 2017, the Defendant: (a) around 18:00 on May 10, 2017, the Defendant: (b) took a television at the above B heading room; and (c) took a seat on the victim’s bridge, he/she embarked and embarked the victim’s chest with his/her own son, thereby committing an indecent act by force.

2. 피고인은 2017. 5. 11. 19:00 경 위 B 호실에서 TV를 보며 서 있던 피해자의 뒤에서 갑자기 피해자의 양쪽 겨드랑이 사이로 양손을 집어넣어 피해자의 가슴을 주무르고 손가락으로 피해자의 젖꼭지를 잡고 비비는 등 피해자를 강제로 추행하였다.

3. Around 18:00 on May 12, 2017, the Defendant committed an indecent act by force against the victim by using his or her sexual organ on the part of the victim who completed meals in the above B heading around 18:00.

4. On May 16, 2017, the Defendant, at around 15:00, committed an indecent act by force against the victim by inserting her hand into the victim’s panty line by inserting her hand into the victim’s panty line.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer or special judicial police officer with respect to C and D;

1. Application of Acts and subordinate statutes to statements made by special judicial police officers to E;

1. Relevant Article 298 of the Criminal Act and the choice of fines for criminal facts;

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. The judgment of conviction on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, which is a criminal act subject to provisional payment order.

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