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(영문) 수원지방법원 안산지원 2016.01.15 2015고단3177
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant, in the state of having lost the ability to discern things or make decisions due to a compicable mental division, committed an indecent act by force against the victim by finding out the victim D (20 years of age) who walk on the road, alone, on August 22, 2015, in the front of the C apartment at Sisuling C apartment on August 22, 2015, and with intent to force the victim to commit an indecent act against the female, by moving the victim's left chest on his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 298 of the Criminal Act concerning facts constituting an offense, Article 298 of the choice of punishment, and selection of a fine (see, e.g., the confession and reflection of a criminal defendant, the fact that the criminal defendant committed the crime of this case in a state of mental or physical weakness, and

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is the primary offender, and no order to complete program shall be imposed in consideration of the current conditions that he/she shall be hospitalized in or discharged from a hospital from time to time due to mental fission;

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 Articles 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 against Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account the initial crime, family relations, and outlines), 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 said Act.

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