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(영문) 수원지방법원 안산지원 2015.01.23 2014고단3117
강제추행
Text

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

The defendant is a tourist bus driver, and the victim C(n, 29 years old) is a photographer.

At around 00:30 on August 3, 2014, the Defendant: (a) committed an indecent act by force against the victim on the ground that the Defendant was locked in the same room as that of the victim on the ground of the employer’s saving of expenses; (b) on the ground of the employer’s saving of expenses; (c) the Defendant’s act of using the victim’s boat, which was carried on the Defendant’s side by hand, and “one-time person”; and (d) even though the victim said that he was “the victim’s speech”, the Defendant continued to commit an indecent act by force against the victim while holding the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement C to the Act

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (in the absence of recovery from damage to the victim even if the defendant did not work up to his/her position, the confession and reflect of the defendant, the degree of indecent act is not heavy, and the defendant is the first offender, etc.);

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. Where a conviction becomes final and conclusive with respect to a crime that constitutes a sex offense subject to registration and submission of personal information under Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 and Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made in consideration of the initial crime, family relationship, and the previous circumstances), the Defendant is 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 the obligation

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