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(영문) 춘천지방법원 강릉지원 2019.01.10 2018고단815

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A quasi-indecent act on June 3, 2018: (a) on June 3, 2018, the Defendant: (b) discovered the victim D (e.g., 22 years of age) on the third floor of “C soup 25:10, Gangnam-si,” located in B; (c) discovered the victim D (e.g., 22 years of age); (d) took the brying place on the part of the victim; and (e) took the frying place on the side of the victim; and (e) committed an indecent act by force against the victim by taking advantage of the victim’s state of resistance, such as avoiding the victim’s drinking by inserting his/her hand in a hole under the lower part.

2. On August 12, 2018, the Defendant: (a) discovered the victim G (the 28 years old) who was diving in front of the soup bank “F” located in Gangseo-si, Gangnam-si, on August 12, 2018; and (b) took a bath to the victim; (c) committed indecent act by force against the victim by using the victim’s state of inability to resist, such as being able to have the Defendant’s sexual organ under the influence of being drunk; (d) discovered the victim G (the 28 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A criminal investigation report;

1. Application of the Act and subordinate statutes to investigation reports (CCTV investigation);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. If a conviction on a sex crime subject to registration becomes final and conclusive under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to provide community service and attend a lecture, the accused 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 accused is obligated to submit personal information to the head

The exemption from disclosure or notification order and employment restriction order is due to the defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of crime in this case, disclosure or notification order and employment restriction order.