(영문) 수원지방법원 안산지원 2014.04.23 2013고정2185

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(영문) 수원지방법원 안산지원 2014.04.23 2013고정2185

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant, while returning home together with his/her day, tried to discover the victim C (at 21 years of age) who waits for a taxi in front of the taxi stop and commit an indecent act.

At around 02:40 on November 2, 2013, the Defendant committed an indecent act on the part of the victim in a manner that flickly knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C, and the witness D's partial statement;

1. Application of the police protocol law to C

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his defense counsel's assertion on the punishment, etc. of sexual crimes exempt from disclosure and notification of personal information, proviso to Article 47 and Article 49 (1) and proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made in consideration of the initial crime, family relationship, and the situation before the opening). The defendant and his defense counsel asserted that, at the time of the crime, the defendant's loss of the defendant's body was committed only when the defendant lose balance due to the accident of her friend and her friend during the friend of the victim's friend at the time of the crime, and that they committed indecent acts by compulsion, such as the victim's friend

The following circumstances acknowledged by each of the above evidence, i.e., (i) the victim who was unaware of the Defendant before the crime was committed from the investigative agency to this court, and (ii) the Defendant stated that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-청소년의 성보호에 관한 법률 제49조 제1항

-청소년의 성보호에 관한 법률 제50조 제1항

유사 판례

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