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(영문) 수원지방법원 안산지원 2016.08.31 2016고단2352
준강제추행
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

On February 18, 2016, around 07:30, the Defendant got soup from 'D' 'D' in Saat City C' in soup, making soup, the Defendant sent three times the chest of the victim E (the 22 years old), who was suffering from frying next to the Defendant, and was living together with other people.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of the Acts and subordinate statutes 19 copies of a photograph of CCTV course:

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act concerning the selection of a sentence, and the selection of a fine (see, e.g., Supreme Court Decision 2009Do1448, Apr. 21, 2009; Supreme Court Decision 2009Do1448, Apr. 21, 2009)

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 a new information under 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 Children Juveniles against 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 under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

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