beta
(영문) 수원지방법원 성남지원 2014.12.03 2014고단227

강제추행

Text

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

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

Reasons

Punishment of the crime

The defendant, who is the father of the victim C(38 years of age, women), found alcoholic beverages at D's house when drinking, and finds it difficult for the defendant to fluorize the success of the trial.

On October 106, 2013, the Defendant found D’s house in front of Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul-do, and caused a disturbance to string the gate.

At that time, the victim, who was in accordance with the driver's license due to the contact, was forced to take a bath, such as "the same year as the fluor", and use the fluor by hand three times, etc.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.