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(영문) 수원지방법원 안산지원 2015.05.27 2015고단1017
강제추행
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

At around 03:30 on February 8, 2015, the Defendant: (a) faced with the victim C (here, 20 years of age) under the influence of alcohol in front of the E apartment site located in Silung-si on the 20th day; (b) broken the victim's body, but the Defendant was unable to wear the victim's body; and (c) carried the victim's business to the entrance of the apartment where the Defendant lives.

At around 04:05 on the same day, the Defendant: (a) laid the victim on the elevator of the above apartment and boarded the elevator; (b) made the alcohol so as to be fit for the victim’s injury, which is not able to resist; and (c) committed an indecent act by the victim’s chest by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense, and Articles 299 and 298 of the Criminal Act selecting a fine (including the confession and rebuttal of the accused, and the fact that the accused is the primary offender);

1. Articles 70 (1) 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. 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 (no previous one shall be disclosed or notified in consideration of family relationship, the outline, etc.);

1. Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the applicant filed an application for compensation of mental damage, but it is not reasonable to issue an order for compensation as the scope of Defendant’s liability for compensation is unclear only on the submitted data) where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant becomes a person subject to registration of personal information under Article 43 of the same Act

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