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(영문) 수원지방법원 안산지원 2014.04.30 2013고단1895
강제추행
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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

Criminal facts

On July 4, 2013, around 22:39, the Defendant: (a) reported that the victim C (here, 21 years of age) was under the influence of alcohol, and (b) committed an indecent act by force against the victim by deceiving the victim’s chest from behind the victim’s hand.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to written E;

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 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 of the provisional payment order;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the 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 Children and Juveniles against Sexual Abuse (which does not disclose or notify the personal information in consideration of family relation, personal situation, etc.) is a case in which the defendant committed indecent acts by compulsion of the victim while under the influence of somewhat under the influence of alcohol, and the defendant has no previous record of the crime against the victim, and the defendant has no previous record of the crime, and all of the favorable circumstances such as having no record of punishment exceeding the fine, and

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall be a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of the competent police

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