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(영문) 수원지방법원 안산지원 2016.04.20 2016고단856
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 and the victim B (n, 19 years old) are first between the defendant and the victim C on the day of the case.

On April 22, 2015, the Defendant drinked alcoholic beverages, such as C and the victim, in the Defendant’s residential area of Ansan-si, No. 302, Ansan-si, 23:00 on April 22, 2015, with the Defendant’s telephone conversations with C, in order to commit an indecent act against the victim.

The defendant tried to place the shoulder of the victim who is seated at the end of the bed, put the victim's shoulder on a forced part on the bed, set the part on the part of the victim, intending to have the victim fit himself/herself, put him/her into the part on the part of the victim, knife him/her into the part on the part of the victim, and knife him/her from the part on the part of the victim, and knife him/her.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act of the choice of punishment, and the choice of a fine (not yet until recovery of damage has yet to be made, but in consideration of the fact that the defendant is led to confession and reflect, and that the defendant is the first offender);

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 new information under 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 Children Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account the initial crime, 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 same Act.

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