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(영문) 수원지방법원 안산지원 2016.08.31 2016고단1641
준강제추행
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

around 01:00 on August 29, 2015, the Defendant: (a) discovered the victim E (here, 28 years of age) who was drunk in front of the D convenience store, and was fright to commit an indecent act against the victim; (b) laid the victim on the back of the Grotop vehicle driven by F, driving by the Defendant, and (c) laid the victim on the back of the Grotop vehicle driven by F, and then laid the victim on the knee of the Defendant.

Accordingly, the Defendant committed an indecent act against the victim in a state of impossibility of resisting in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against H and F;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 298 of the Criminal Act of the choice of punishment, and the choice of fines (not yet until recovery of damage has been made, but the confession and reflection of the defendant is made, and the defendant is the first offender, etc.);

1. Articles 70 and 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 disclosure and notification of personal information shall be made, taking into account the initial offender, family relationship, and circumstances), 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 the head of a competent police office pursuant to Article 43 of the said Act.

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