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(영문) 수원지방법원 안산지원 2014.07.18 2014고단851
준강제추행
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 March 31, 2014, from around 02:0 on March 31, 2014 to 02:40 on the same day, the Defendant sent the victim E, who was diving, with the victim E, with the victim’s left hand, with the victim’s sexual organ met, with the victim’s sexual organ hand, and the Defendant’s sexual organ met with the victim’s bucks.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written E;

1. Article 299 of the Criminal Act and Articles 299 and 298 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Subject to Failure to complete a program (including circumstances in which the defendant is a foreigner and the departure of the defendant is scheduled immediately);

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose or notify personal information in consideration of the initial crime, family relationship, previous circumstances, etc.) is an indecent act by a male victim, who is diving from the death of the defendant, and is still in an unfavorable condition, such as not yet recovering from damage to the victim, the defendant's mistake is recognized in this court, and is against depth. The defendant's punishment is determined as ordered in consideration of the favorable circumstances such as the first offender, and all of the sentencing conditions expressed in the trial

Where a conviction becomes final and conclusive on a criminal fact that is a sex offense subject to the registration and submission of personal information, the defendant shall be subject to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of

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