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(영문) 수원지방법원 안산지원 2015.03.04 2014고단2284
강제추행
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

On June 16, 2014, the Defendant, around 11:50, 11, and around 11:50, 2014, the Damaart 1st, which was arranged in the Dama-gu Dam C, was behind the victim E (in women, 32 years of age), and the Defendant got back to the right upper part of the victim.

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of a fine (i.e., the fact that the defendant appears to be an aggressive crime and the primary fact that the defendant

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. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or 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 or notification of personal information shall be made in consideration of the initial offender, family relationship, the outline, etc.

1. The Defendant and the defense counsel’s argument regarding the claim of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act claiming that the Defendant and the defense counsel, while being drunk at the time of the above crime, they did not easily associate with the Defendant and the defense counsel twice in order to ask the location of the toilet, and they did not commit an indecent act against E as stated in the facts charged, and they did not have the intent of indecent act by compulsion, and they did not have the mental and physical condition of drinking.

The following circumstances acknowledged by each of the above evidence, ① the victim E consistently from the investigative agency to this court, and the Defendant was at the location of a toilet outside his/her own, etc., and made a statement that he/she continued to resist while driving away from the Defendant. The victim’s statement concerning the circumstances before and after the crime and the method of crime is the victim’s statement.

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