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(영문) 수원지방법원 안산지원 2015.08.12 2015고단424

준강제추행

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

The Defendant, around 11:00 on August 14, 2014, at the studio in which the Defendant was living, set aside in the studio in which the Defendant was staying in the studio in which the Defendant was living, from the beginning of the first and the beginning of the first studio in the studio in which the Defendant had been staying in the studio in which the Defendant was living, and the victim D (n, 20 years of age) and the studio in the studio in which the Defendant was staying in the studio in which the Defendant had been staying in the studio in which the Defendant was living, she was able to further third the victim’s hume, the chest part of the chest, and put

Until the end, the victim was indecently committed by using the state of mental disorder or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of fines (including the denial of a crime by a criminal defendant and the absence of recovery from damage to a victim, but at least objective facts charged are recognized and reflected by the criminal defendant, and the fact that the criminal defendant is the primary criminal)

1. Articles 70 (1) 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. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of personal information, the proviso to Article 49 (1) and the proviso to 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 offender, family relationship, the outline, etc.

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, although the defendant had contact with D's body as stated in the facts charged, this act was committed under the consent of D, and does not constitute an indecent act by compulsion due to the lack of coercion, and at the time, D does not have the right to resist.