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(영문) 수원지방법원 2015.07.09 2015고단1565
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 03:30 on March 9, 2015, the Defendant committed an indecent act by force by inserting the Defendant’s chest in the so-called “C” house located in Suwon-si B, Suwon-si, Suwon-si, and by inserting the 47 years of age into the so-called “C” house for the reception of visitors.

Summary of Evidence

1. The statement to the effect that the defendant's chest is true at the time and place stated in the facts charged in this case, where the defendant delivered the victim's chest at this court

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (in the case of a site situation at the time of entry);

1. Article 298 of the Criminal Act regarding the crime at issue [In the event that not only an indecent act is committed after the other party makes it difficult to resist by assault or intimidation, but also the act of assault itself is deemed an indecent act. In this case, as long as the use of force against the other party’s will is not necessarily required to suppress the other party’s intent, and as long as the use of force against the other party’s will is against the other party’s will, the crime of indecent act by compulsion is established (see Supreme Court Decision 2011Do14125, Dec. 22, 2011)] of the Criminal Act

1. Selection of an alternative fine to be imposed (the amount shall be determined by taking into account the place at which the case occurred, the situation at which the case occurred, the fact that the defendant has no criminal record for the same kind of crime, and the defendant's health status is not good, although it relates to a crime of this case, the crime of this case was committed during the period of repeated crime, and the father or degree of indecent act

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the defendant is 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 the same Act.

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