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(영문) 수원지방법원 안산지원 2018.04.11 2017고단3722
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant operates a disinfection company with the trade name of “E” in Ansan-si, A, and the victim F (V, 36 years old) is a customer who requested the Defendant’s business entity to disinfect the list within the family.

On October 20, 2017, the Defendant, while disinfecting at the victim's house G at Silung City G on October 20, 2017, was in mind to report and commit an indecent act against the victim who was drinking at the beer. On October 20, 2017, the Defendant was able to attract the victim from his own aftermath and her breast.

Therefore, when the victim refused to "I am off", the victim tried to talk both breasts with both fingers and to get back the victim's upper part by bringing the damaged person back to the toilet again, and trying to get off the victim's upper part, and again tried to get off the victim's upper part while strongly resisting the victim, the victim tried to get off both breasts of the victim.

After that, the victim tried to look at the chest of the victim and to let the victim spread on the part of the victim in the same way as the victim left the bend in the bend side in the same way of defect.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, the method and consequence of the crime of the defendant exempted from the disclosure order or notification order.

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