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(영문) 수원지방법원 안산지원 2016.02.17 2015고단3734

준강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

around 04:05 on August 3, 2015, the Defendant discovered the victim E (the 37 years of age) who was under the influence of alcohol at the Da 104 apartment complex chemical zone around 04, 2015, and caused the Defendant to put the victim with the mind of committing an indecent act against the victim by committing an indecent act against the victim, and then caused the victim's cam in both the victim and the victim's cam, and then the victim's cam, etc. was flick in the half of the victim's bam.

Accordingly, the Defendant committed an indecent act against the victim in a state of impossibility of resisting in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the ctv course

1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 298 of the Criminal Act of the choice of punishment, and the selection of fines (including the confession and rebuttal of the accused, the fact that the accused has agreed with the victim, and the fact that the accused has no past record of punishment, excluding one time before and after the punishment of this species), etc.;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of a new information under Article 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 Juveniles from Sexual Abuse (no such previous information shall be disclosed or notified, taking into account family relations, circumstances, etc.), the defendant becomes 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the said Act.