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(영문) 인천지방법원 부천지원 2016.02.03 2015고단3471
강제추행등
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

1. On November 19, 2015, the Defendant damaged the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul-do, and 206, on the ground that the victim D was placed in the above Dora corridor’s corridor, due to the fact that the victim D exceeded the her bridge, the Defendant destroyed the Defendant’s house by taking the part of the wheels of the her mother’s dub in the market price, which is the victim’s possession.

2. Around November 25, 2015, the Defendant assaulted the victim by taking away the victim’s her left hand from the victim E (M, 51 years of age) who is his/her dependent, in front of the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, 18:40, and 206, in front of the Defendant’s house, for the reason of the foregoing paragraph 1.

3. The Defendant forced indecent act committed an indecent act by force on the part of the victim as stated in the date and time set forth in the above paragraph 2, and on the part of the victim E at a place where the victim E was dissatisfied with it, and as such, committed an indecent act by force on the part of the victim three occasions as he did so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. Application of the video-related Acts and subordinate statutes to damaged photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of assault), Article 298 of the Criminal Act, and the choice of fines;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the largest one);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, there is no history of punishment against the defendant for the same sex offense, and the criminal records of violence are relatively old, and the defendant has led to the confession of the crime of this case and the appearance of his mistake is shown, taking into account the circumstances of Article 51 of the Criminal Act, such as the age of the defendant, the punishment as the order shall be determined.

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