beta
(영문) 수원지방법원 안산지원 2014.12.10 2014고단2499

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

Criminal facts

On April 30, 2014, around 09:58, the Defendant had no mind to look back at the victim E (n, 33 years of age) that was returned to the Defendant before the 501th of the D5th of Silung-si, Silung-si, D, 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 5th of the 19

A prosecutor instituted an additional indictment that “the victim’s chest was delivered to his left chest by an indecent act by force,” but there is no evidence to acknowledge it.

However, according to the records, the fact that the defendant satisfe the part of the victim with left hand is recognized.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel asserted that the defendant's act did not reach the number of indecent acts by compulsion because the defendant's chest was not present at the time of the crime at the time of the crime, but according to each of the above evidence, the defendant can be acknowledged by the intent of indecent acts by force, etc. that the defendant prevented the victim from being injured by the victim's injury and became aware of the victim's injury, and it is reasonable to view that the defendant committed indecent acts by force even with the above facts alone, the defendant

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photographs of suspects;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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. The grounds for sentencing of Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted 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 Children and Juveniles against Sexual Abuse (no previous provision exists, nor previous provision shall be disclosed or notified in consideration of family relations, previous circumstances, etc.).