beta
(영문) 수원지방법원 안산지원 2016.07.27 2016고단2024

강제추행등

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

Criminal facts

1. On March 16, 2016, the Defendant committed an indecent act by force against the victim by drawing the victim D(20 years of age) who was waiting for the pedestrian signal at a crosswalk of the C middle school located in Silung-si B at around 02:00, in his/her hand, the Defendant committed an indecent act against the victim.

2. A foreigner staying in the Republic of Korea in violation of the Immigration Control Act shall always carry his/her passport, seafarer identification certificate, foreigner entry permission, foreigner registration certificate or landing permission;

Nevertheless, the Defendant was requested to present an identification card from the police officer F of the E District of the Silung Police Station and Gman at the time, place, and place described in Paragraph 1., but failed to carry the above identification card and present it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act that prescribes the punishment, and Articles 98 subparagraph 1 and 27 of the Immigration Control Act (a violation of duty to carry or present a passport, etc.);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the recovery of damage has not been made, but the confession and reflectability of the defendant, and the fact that the defendant is the first offender, 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 with respect to a crime of indecent act committed in the judgment that is a sex offense subject to registration and submission of new information, 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 (the disclosure and notification of personal information shall not be made, taking into account the initial crime, family relationship, and outlines), the defendant shall be personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.