logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2016.03.25 2015고단716
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On March 14, 2015, the Defendant forced indecent act: (a) discovered the victim D (24) who was divingd on the floor of the YYYYYYYYYYYYYYYY YYYYYYYY YYYYYYYYY YYYYYYYYYYYYY YYYYYYYYYYYYYYYYY YYYYYYYYY YYYYYYYYYYYYYYY YYYYYYYYYYY YYYYYYYY YYYYYYYYY

2. An alien staying in the Republic of Korea in violation of the Immigration Control Act shall always carry a passport, seafarer identification certificate, alien entry permit, alien registration certificate or landing permit (hereinafter referred to as " passport, etc.") and present it to the immigration control official or authorized public official in connection with his/her performance of duties;

Nevertheless, on March 14, 2015, the Defendant reported to the police as the day he committed an indecent act by force, and did not possess a passport, etc. but failed to present it. Thus, the Defendant violated the duty to carry and present a passport, etc. by failing to carry and present it.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. D's self-written statements;

1. Each photograph;

1. An accusation against a registered foreigner's record label or immigration offender;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent conduct, the choice of imprisonment), Article 98 subparagraph 1 of the Immigration Control Act and Article 27 (1) of the Immigration Control Act (the point of failing to carry a passport, etc.);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) 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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 defendant's identity)

arrow