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(영문) 수원지방법원 성남지원 2014.02.12 2013고정1630

강제추행등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:00 on July 8, 2012, the Defendant made a request for drinking alcohol on the main points of “D” operated by the victim C (the 54-year-old age), who is the victim C (the 54-year-old age) in Seongbuk-gu, Sungnam-gu.

However, as the victim took a large amount of drinking to the defendant, it was demanded that the victim go out of the country without selling the drinking.

At that time, when the defendant leaves the victim and moves to the entrance, the defendant suffered a desire for the victim, "I am only once for a forum", and has reached the left chest of the female.

Accordingly, the Defendant committed indecent act against the victim C.

2. The Defendant interfered with his duties, upon the victim’s complaint against the victim that he would be suffering from indecent conduct at a temporary location such as the above paragraph (1) above, and promptly out of the main point, expressed the victim’s will to walk once, “Chewing years, this year is only bad years,” and the Defendant expressed other customers who drink alcohol with the victim’s normal bar business by force for about 10 minutes, such as taking the victim’s desire to engage in drinking alcohol.

Summary of Evidence

1. Statement to C by the police;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act and Articles 314 (1) and 313 of the Criminal Act: Selection of fines;

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

1. Where the accused who has registered personal information under Articles 70 and 69(2) of the Criminal Act was convicted of indecent act by compulsion, the accused is a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the head of the competent police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act

However, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be applied to the crimes subject to registration, the history of punishment, etc.