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(영문) 창원지방법원 마산지원 2013.05.08 2013고합29
준강제추행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On February 3, 2013, at around 01:20 on February 3, 2013, the Defendant: (a) stolen the Defendant, with the low market value, which includes cosmetics owned by the victim E; (b) one cell phone exhauster; and (c) handbags, etc. in the public toilets for male and female convenience in the Yongsan-si, Yongsan-si; and (d) the Defendant

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 329 of the Criminal Act and Article 329 of the Criminal Act concerning the crime, the choice of fines;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Summary of the facts charged

A. At around 01:20 on February 3, 2013, the Defendant discovered the victim E (the age of 18) who entered the toilet for the public use of men and women in the Changwon-si Masan-si D convenience store in the building with alcohol, and followed the victim by leaving the entrance from the inside of the toilet, and then pushed the victim in a situation where he is unable to properly resist due to the influence of alcohol, and forced the victim to enter the victim by hand, and forced the victim's chest and her sent on his own hand, and forced the victim to leave her chest and her sent on the floor, and forced the victim to resist the situation where the victim's sexual flag was put into the victim's entrance, and the victim's her sexual organ was put into the victim's entrance.

B. At around 01:50 on February 21, 2013, the Defendant committed indecent act by force against the victim, on the part of male and female public toilets in the building where the said D convenience stores were located, the Defendant: (a) placed the victim F (the age of 19) in a toilet outside the toilet and opened the entrance door into the toilet outside of the toilet and opened the entrance door fast to the wall after locking the victim; (b) placed the victim into the wall; and (c) placed the victim’s chest on the floor; and (d) forced the victim’s chest to enter the toilet; and (d) forced the victim to commit indecent act.

2. The facts charged of the instant case are crimes falling under Article 299 of the Criminal Act and Article 298 of the Criminal Act, and prosecuted only upon the complaint of the victim under Article 306 of the Criminal Act.

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