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(영문) 수원지방법원 안산지원 2016.04.20 2016고단753

강제추행

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

Criminal facts

At around 02:40 on December 25, 2015, the Defendant, behind the victim D (the age 24) who was on the table table, was in the front of the victim D(the age 24) who was on the table of the victim in Ansan-si Group B, committed an indecent act on the victim’s her son’s son’s her bbbbbbbbbb, and committed an indecent act on the victim’s her her bbbbbbbb, after the locking of the victim E (the age 24).

Summary of Evidence

1. The defendant's part of the legal statement [it is found that the defendant has no memory under the influence of alcohol, but can sufficiently recognize the fact that the defendant committed an indecent act against the victims in light of the victim E and D's specific statement of damage, etc., and the defendant is found to have drinking, but the defendant has no ability to discern things or make decisions, and thus, the defendant's assertion is without merit.]

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 2, 2009; Supreme Court Decision 2009Da1448, Apr. 2, 2009)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Each of the facts stated in the judgment, which are sex offenses subject to registration and submission of new information, under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children Juveniles against Sexual Abuse (which shall not disclose and notify personal information, taking into account the existence of the former, family relations, and the circumstances of the former).