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(영문) 서울남부지방법원 2016.09.08 2016고합194
강제추행치상
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 25, 2015, the Defendant: (a) around 5 p.m., five o.m., including Victim C (F., 54 years of age) and five o.m. after drinking alcohol, and (b) around 5 p.m., “E” (F. as stated in the written indictment, in light of the victim’s legal statement, appears to be a clerical error) in the singing room in Yangcheon-gu Seoul Metropolitan Government.

The defendant and the bluse victim who retired from office and moved back to the flus, and the defendant suffered injury, such as a cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and G in part;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant laws concerning criminal facts, Articles 262, 260 (1) and 257 (1) of the Criminal Act that choose a penalty, the choice of a fine;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the degree of injury inflicted on the victim by the criminal defendant is not easy.

However, while under the influence of alcohol, the Defendant committed the instant crime with the victim, resulting in any contingency, and the victim does not want the punishment of the defendant, as agreed with the victim.

The above circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, and the circumstances after the crime are considered as ordered.

The acquittal portion

1. The summary of the facts charged, as indicated in the facts constituting the crime in the judgment, the Defendant: (a) committed indecent acts by compulsion against C by compulsion; and (b) thereby, incurred injury to C, such as a cage at 28 days of medical treatment.

2. In full view of the following circumstances and facts admitted by the evidence of determination, it is difficult to view that the facts charged were proven without reasonable doubt solely based on the evidence submitted by the prosecutor.

C When the police investigation is conducted, the defendant himself.

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