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(영문) 수원지방법원 안산지원 2014.05.28 2014고단789

강제추행

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

On March 22, 2014, around 23:22, the Defendant: (a) on the Dice Complex C located in Ansan-si, a member of Ansan-si; (b) on the side of the victim E (the 22 years old), who was accommodated in the body; (c) on the left hand of the victim; (d) the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed an indecent act on the part of the victim on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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

1. Articles 70 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. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure or notification of personal information shall be made in consideration of the initial crime, family relationship, previous circumstances, etc.) is a case in which the defendant committed two or more indecent acts against the same victim while under the influence of his/her size, and is against his/her mistake in depth by recognizing the crime of this case, the defendant reflects his/her mistake, the victim does not want the punishment against the defendant, the defendant does not want such punishment, and all of the favorable circumstances such as having no criminal power, and the sentencing conditions indicated in the trial of this case.

Where a conviction becomes final and conclusive on each crime on the judgment that is a sex offense subject to the registration and submission of personal information, the accused shall be punished for a sexual crime.