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(영문) 수원지방법원 안산지원 2016.01.27 2015고단4105
강제추행등
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

Criminal facts

1. On September 16, 2015, the Defendant committed an indecent act by force: (a) on the alleyway in front of the Y of Ansan-si, Ansan-si, Masan-si, Masan-si; (b) after a truck that had been parked in the victim H (V, 22 years of age) with his and her daily behaviors in order to report and commit an indecent act; (c) was hidden after the truck that had been parked in his and her mouths with his and her daily behaviors; and (d) the victim’s her her her her her mbry seems to have been laid off

2. On September 16, 2015, the Defendant committed an indecent act against H, as indicated in paragraph 1, around 00:13 on September 16, 2015, and committed an obscene act in a public performance by putting about 30 meters away from 30 meters away, leading to the alleyway in front of Masan-si, Annsan-si, Annsan-si, J (22 years of age), and K (n, 22 years of age) with his/her sexual organ, and making him/her engage in an obscene act in a public performance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement prepared by K and J;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of compulsory indecent act), Article 245 of the Criminal Act (the point of public performance obscenity), and the selection of each fine;

1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (not yet agreed with some victims, but in consideration of the confession and reflectability of the defendant, the agreement that the defendant made with the victim H, the fact that the defendant was the first offender, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 concerning the order of provisional payment;

1. Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted 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 Juveniles from Sexual Abuse (it shall not disclose and notify personal information, taking into account the initial offender, family relationship, and outlines) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children’s Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on the crime of indecent act committed in the judgment that is a sex offense subject to registration to be submitted.

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