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(영문) 수원지방법원 안산지원 2015.11.18 2015고단3132

강제추행

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

Criminal facts

On September 26, 2015, around 15:06, the Defendant: (a) committed an indecent act against the Victim D (the age 29) who was dried by having a short fright in the corridor of the first floor of the member C commercial building in Ansan-si, Ansan-si; (b) tried to discover and commit an indecent act against the Victim D (the age 29). The Defendant saw the Victim’s own own body, kids the Victim’s chest and the part of the Victim’s chest with his hand; and (c) “Indecent act against the Victim by making it difficult for the Victim to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act regarding criminal facts, the choice of fines (in the absence of recovery from damage to a victim until his/her occupation, but the confession and reflect of the defendant, and the fact that the defendant is no previous one shall be considered);

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 facts constituting 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 previous one shall be disclosed or notified, taking into account family relations, former circumstances, etc.), 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, and the obligation to submit personal information to a competent agency pursuant