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(영문) 창원지방법원 거창지원 2014.10.29 2014고단268
강제추행등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 13, 2014, the Defendant, at around 19:30 on May 13, 2014, was drunk at Ddacs operated by the victim C (V, 45 years of age) located in Gohap-gun B, Gohap-gun, for indecent act by compulsion.

The Defendant committed an indecent act on the part of the victim, i.e., the victim’s seat at the above Dda room operated by the victim, i.e., the victim’s shoulder, breaking his/her chest and drinking his/her breast, etc., the victim refused it and forced him/her to sit in the seat of the victim, i.e., whether he/she is frightd or not, and she did not follow the victim’s desire to take a bath and take a bath, and she committed an indecent act on the part of the victim by force.

2. In the date and place set forth in Paragraph 1, the injured Defendant, on the ground that the victim C does not listen to the horses of the Defendant who francing coffee and delivering coffee as he himself, put the victim’s left side her at a time and at a place set forth in Paragraph 1, where treatment of approximately 14 days is needed to the victim by taking the victim’s bucking on a drinking day.

3. The Defendant destroyed and damaged property in such a way that the victim C’s failure to comply with the request of the Defendant as set forth in paragraph (1) at the time and place set forth in paragraph (2), thereby damaging the victim’s market price by cutting off the coffee balance on the table and coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 366 of the Criminal Act concerning the crime;

1. Selection of each fine (such favorable circumstances as the confessioning of a crime by the defendant, the first offender, the victim does not want the punishment of the defendant, the degree of damage to property is relatively minor, the property damage has been recovered, and the fact that the fine has been punished, etc.);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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