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(영문) 창원지방법원 마산지원 2014.08.27 2014고단469
강제추행
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 02:00 on August 31, 2013, the Defendant: (a) committed indecent act by force by force on the part of the Defendant, in a room where it is impossible to know the Cirel B near Changwon-si, Masan-si; (b) together with the victim D (manam and 17 years of age); and (c) caused the victim’s desire to sleep from a place on which he/she intends to sleep, and caused the victim’s desire to do so; and (d) caused his/her sexual organ by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes;

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 a sex offense subject to the registration of personal information becomes final and conclusive on the grounds of sentencing [Scope of Recommendation] of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing [Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the same Act and is obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the same Act.

In light of the content of a crime subject to exemption from disclosure or notification order, the history of punishment, and possibility of prevention by other measures, etc., the disclosure or notification order of personal information shall not be pronounced (Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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).

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