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(영문) 서울동부지방법원 2014.01.17 2013고단2461
강제추행
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Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

1. At around 02:30 on May 22, 2013, the Defendant committed an indecent act by force against the victim’s chests and buckbucks by hand when he followed the victim C (at 21 years of age) who had returned home, followed the victim C (at 21 years of age).

2. 피고인은 2013. 07. 09. 01:00경 서울 성동구 D 소재 E편의점 옆 골목길에서, 귀가 중이던 피해자 F(여, 19세)를 뒤따라가 갑자기 피해자의 엉덩이 부위를 손으로 만졌고, 이에 피해자가 놀라면서 비명을 지르는 등 반항하자, 발로 피해자의 오른쪽 허벅지 부위를 2회 가량 걷어찼다.

As such, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of the Acts and subordinate statutes to CCTV photographs and investigation reports (on-site CCTV investigations);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment becomes final and conclusive to submit personal information that is not subject to the disclosure of personal information in accordance with Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure of Personal Information, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., in light of the confession and reflect, and the initial crime that has no criminal record), the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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