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(영문) 수원지방법원 성남지원 2017.08.18 2016고단4075
강제추행
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 October 19, 2016, at around 03:00, the Defendant committed an indecent act by force against the victim by using the following methods: (a) the victim F (n, 28 years of age, 28 years of age) and three other persons, while playing together with the Internet hosting, while playing together with three other persons; (b) the rear part of the victim’s timber was bread, and then the victim’s bread; (c) the victim’s shoulder was hacked; and (d) the victim’s shoulder was hacked; and (d) the victim’s shoulder was hacked to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and G’s each legal statement (the defendant and his defense counsel stated to the effect that the victim’s shoulder in the meaning of drinking alcohol at the time of the defendant, but they did not commit an indecent act against the victim as stated in the judgment, such as facts constituting an offense.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the credibility of the victim’s witness F’s testimony is recognized as specific and consistent; ② the witness G’s testimony corresponds to the victim’s testimony; ③ the Defendant is under the influence of alcohol so that he/she is unable to accurately memory the situation at the time; ④ the victim or witness was made with a false statement for the purpose of detrimental to the Defendant otherwise.

Considering that it is difficult to see it, the above argument between the defendant and his defense counsel is without merit.

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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 fact that the sentencing of Article 334(1) of the Criminal Procedure Act was not received from the injured party is disadvantageous.

However, the defendant is the first offender, and the defendant denies the crime of this case because he was unable to memory the situation at the time, but shows his attitude of self-esteem, and the degree of indecent act against the victim.

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