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(영문) 창원지방법원 진주지원 2019.09.26 2019고단606
강제추행
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

Punishment of the crime

On May 8, 2019, at around 23:30, the Defendant purchased tobacco and presented identification cards to the victim at “C convenience store” located in Jinju-si B, Jinju-si, one’s own operation, and then, the Defendant determined that “the victim is different from his/her pictures and objects of identification card”, and that “the victim seems to be different by making it possible for him/her to live,” and that he/she takes the part outside his/her hand and taken the part of the victim’s ship. The victim resisted against this, “the victim is presumed to be satisfed by satisfing off his/her ship,” and the victim took charge of the victim’s ship by hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV video CDs;

1. Application of the Acts and subordinate statutes to report on investigation (specific suspects and CCTV attachment);

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

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant committed an indecent act by limiting the lines of the victim, who was the customer who visited without any particular reason while operating convenience points; (b) the degree of indecent act is relatively minor; (c) the degree of indecent act is relatively minor; (d) circumstances favorable to the agreement with the victim are more favorable; and (e) other records, such as the defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the argument

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information in accordance with 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

order to disclose personal information; and

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