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(영문) 서울중앙지방법원 2017.04.21 2017고단377
강제추행
Text

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

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

Reasons

Punishment of the crime

From around August 3, 2013, the Defendant is a certified tax accountant affiliated with the tax accounting corporation located in Gangnam-gu Seoul, and the victim E (V, 23 years old) is a general employee working at the same tax accounting corporation from around August 3, 2015.

1. On March 1, 2016, the Defendant: (a) around 19:00 on G Mart in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) went to the said Mart along with the victim; and (c) while the victim smoked tobacco, the Defendant Da himself had the victim dance in line with the part above the victim’s right.

2. On April 2016, around 22:15, the Defendant: (a) laid off the Defendant’s kacker off the Defendant’s kacker who was the same victim waiting at the crosswalk in front of the Gangnam-gu Seoul, Seoul H Building; (b) however, the Defendant refused twice, despite the Defendant’s refusal to do so on two occasions, she said that “any other method exists; and (c) brought the victim’s body parts into the victim’s body facing each other.”

3. On May 2016, the Defendant: (a) around 23:00 on May 23, 2016, and around 23:0, the second floor of the Gangnam-gu Seoul International I Building “J” sing the victim sing in the singing of the victim; (b) had the victim sing in the singing of the victim; (c) had the Defendant sing in the sing of the victim

Accordingly, the defendant committed an indecent act on the part of the victim more than three occasions in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (see, e.g., agreement with the victim, confession and reflecting the crime, and the primary 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. The conviction of each sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is affirmed.

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