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(영문) 대전지방법원 2021.01.29 2020고단4345
강제추행
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On June 24, 2020, the Defendant, at the house of the victim C (Woo, name, and age 68) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, sent visibility to the wall at the victim's request on the part of the victim, and then saw the victim's chest with his left hand, and committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C (tentative name);

1. Application of Acts and subordinate statutes to investigation reports (to attach photographs related to the video recording ofCCTV), requests for cooperation in investigation (the detailed statement of processing the reported case in 112), investigative reports (to hear statements by a victim C (tentatively named) and investigation reports (to hear statements by a witness D telephone);

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in this case is that the defendant forced the victim to take visual view of the victim's house living beside the defendant's house, and committed an indecent act by force. The right of this case immediately after the instant case, the victim denied the defendant's defective act to the police since around January 5, 202, while the victim denied the defendant's sexual organ as soon as possible since the defendant's sexual organ from around 2017, and made a false statement to the victim, thereby causing secondary damages to the victim. The elderly victim was damaged by the forced indecent act of this case in the situation where the defendant suffered considerable mental pain due to the second year of the above second year of the defendant's second year. However, the defendant's mistake is recognized late or against the fact that the defendant paid to the victim KRW 50 million, and the defendant agreed to do so in the trial process of this case.

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