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(영문) 대전지방법원 2016.06.15 2014고단3792
재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 2, 2014, at around 22:50 on October 2, 2014, the Defendant: (a) under the influence of alcohol in the D public bathter operated by the Daejeon Seo-gu Daejeon B Victim C; (b) “I ambling off the bath business, fluoring the fire, h; and (c) I ambling the flag inside the knickter; (d) I amb off the knick at the seat of the knter; and (e) I ambling one flab and the window of the knter at the market price owned by the victim.

2. The Defendant, at the time and place specified in paragraph 1, was forced to commit an indecent act, and at the same time and place, the victim E (the 24 years of age) who was a son of C, was frighting the Defendant’s arms and frighting the Defendant’s arms to the fright women.

Shebing down the o of this cirs year, it shall be discarded.

In this regard, I expressed the desire to thrown down pacitius, and expressed the victim's breath on the part of the victim, and made an indecent act by force.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment, and Article 298 of the Criminal Act, concerning facts constituting an offense;

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

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 reason behind the sentencing of Article 334(1) of the Criminal Procedure Act is inferior, and the injured party is seeking the punishment of the defendant because it is not agreed with the injured party, and the fact that there are many criminal records of violence is disadvantageous.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.

If a conviction of a forced indecent act committed in the judgment of personal information registration becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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