beta
(영문) 대전지방법원 논산지원 2020.04.14 2018고단552

강제추행등

Text

A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 29, 2018, the Defendant: (a) discovered the victim D (one’s name, half-year age, and forty-five) who talks with employees at the C convenience store located in B at the time of 19:10 on September 29, 2018; (b) went behind the victim; and (c) committed indecent act by force on the part of the victim.

2. An alien of 17 years of age or older who stays in the Republic of Korea in violation of the Immigration Control Act shall always carry his/her passport, identity certificate, foreigner entry permit, foreigner registration certificate or landing permit (hereinafter referred to as "pension, etc.") with him/her, and an immigration control official or authorized public official shall present his/her passport, etc.

Nevertheless, the defendant did not carry a passport, etc. at the date and place specified in paragraph (1) after being requested to verify the status by passport, etc. from the E-districtF belonging to the Seosan Police Station.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Police interrogation protocol of a police suspect regarding D (alias);

1. G statements;

1. Accusation against foreigners who violate the Immigration Control Act;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes on photographic materials;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Article 98 of the Immigration Control Act, and Articles 98 and 27 of the Immigration Control Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction of a sex offender subject to registration becomes final and conclusive on the judgment that he/she is obligated to register personal information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete a program, 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