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(영문) 수원지방법원 안산지원 2017.02.03 2016고단4710
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On July 16, 2016, the Defendant: (a) provided that “D convenience stores operated by the Defendant’s husband’s wife in Silung-si (C) around 13:30 on July 16, 2016; (b) provided that “the body of the Defendant is difficult to work” from the victim E (son, 19 years of age) who is an employee of convenience stores upon the request of the victim E (the 19 years of age), “I am going back to the house to work on behalf of the inside, I am back to the house”; and (c) provided that “I am Madern, I am, I am, I am, I am, I am,” according to the victim entering

“In doing so, the victim was spared with both arms, and the victim was spared with the victim’s chest by his own hand, thereby committing an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of ctv photographic Acts and subordinate statutes to convenience stores;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act of the choice of punishment, and the choice of a fine (including the confession and reflection of the accused, and the fact that the accused has no past record of punishment, except once a fine of different punishment is imposed);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information pursuant to Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (no previous criminal record shall be disclosed or notified, taking into account any criminal record of the same kind, any family relationship, and any former situation), the defendant shall be a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the same Act.

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