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(영문) 수원지방법원 안산지원 2015.12.16 2015고단3465

준강제추행

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 00:30 on September 21, 2015, the Defendant, while drinking alcohol as the victim C (here, 38 years of age) at the residence of the victim C (here, here, here, here, the victim under the influence of alcohol was her chest of the victim who was unable to resist himself/herself, and her panty with his/her panty with his/her panty suffered by the victim, and her her her part was her her part, and her part was her her part,

Accordingly, the Defendant committed indecent acts against the victim in a state of humping to resist.

Summary of Evidence

1. The defendant's partial statement in court (the defendant asserts to the effect that he was in a state of mental disorder by drinking alcohol at the time of committing the crime. According to the records, although the defendant was found to have drinking, it does not seem that the defendant was in a state of lacking the ability to discern things or make decisions. Thus, the defendant's argument is without merit)

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of a fine (including the confession and rebuttal of the defendant, the victim does not want the punishment of the defendant, the fact that the defendant is the first offender, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 of the provisional payment order;

1. Where a conviction becomes final and conclusive on the criminal facts that constitute a sex offense subject to registration and submission of personal information under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 and Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account the initial offender, family relationship, and previous circumstances), the defendant shall be a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc.