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(영문) 수원지방법원 안산지원 2015.09.11 2015고단2456
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

At around 04:30 on June 18, 2015, the Defendant: (a) committed an indecent act by finding the victim D, who was in the victim’s 'C’ seat B, or in the male water surface room, and (b) tried to get off the part of the victim’s body, and get off the part of the victim’s body, and inserting the victim’s sexual flag and her macks off the part on the part of the her body, and inserting the Defendant’s sexual flag toward the part of another victim’s resistance.

Accordingly, the Defendant committed indecent acts against the victim in a state of humping to resist.

Summary of Evidence

1. Part of the defendant's statement in court (the defendant's assertion that he was drunk at the time of the crime in question, and the defendant's assertion that he was mentally ill-incompetent at the time of the crime in question. However, according to the records, although the defendant's drinking was recognized at the time of the crime in question, it does not seem that the defendant had the ability to discern things or

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of fines (including the confessions of the accused and the profoundly against him/her, the fact that the accused agreed with the victim, and the fact that the accused has no power to punish him/her, excluding one time before and after a fine has

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of 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 of the provisional payment order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information, as stated in Articles 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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made taking into account the initial offender, family relationship, and previous circumstances).

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