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(영문) 수원지방법원 안산지원 2016.04.15 2016고단710
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

Criminal facts

On January 24, 2016, the Defendant: (a) 14:00 on the street in front of the shooting distance of the house located in Ansan-si, the Defendant forced the victim G (the age of 37) to be a guest in front of the shooting distance; (b) had the victim G (the age of 37) on his own to the head of H private taxi operation; and (c) had the victim’s grandchildren, buckbucks, and bucks, while moving to the top of the J church located in Ansan-gu, Ansan-si; and (d) committed an indecent act by force against the victim by having the victim’s grandchildren with his own sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes governing the G production;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act of the choice of punishment, and the choice of a fine (including the confession and reflection of a criminal defendant, the agreement with a victim, the criminal defendant does not have the same criminal record and has no record of punishment exceeding the fine, 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information pursuant to Article 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption 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 (no such previous information shall be disclosed or notified, taking into account family relations, circumstances, etc.), the defendant becomes 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the same Act.

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