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(영문) 부산지방법원 2019.02.22 2018고단4882

준강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 7, 2018, at around 07:00, the Defendant drinks alcoholic beverages with the victim F (n, 25 years of age) who was the residence of women-friendly Gu C, Busan, and the victim F (n, 25 years of age). On June 7, 2018, C and the victim collected the fingers from the bed in the bed, between C and C, and the victim, and the victim collected the fingers from the bed, and the victim collected the fingers several parts of the victim's back to the bed.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement made to F and C;

3. Recording records;

4. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

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

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempt from the Employment Restriction Order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant appears to have committed the instant crime in a dynamic state with drinking, the fact that he/she is found to have committed the instant crime, the fact that he/she is found to have committed the instant crime, the fact that he/she has not been punished for a sex crime, the fact that he/she has no history of punishment for a sex crime, the fact that the young who reached age 29 is expected to have a high possibility of improving his/her personality and behavior in the future, and other circumstances indicated in the records such as the character, conduct, occupation, environment, family relationship, etc. of the defendant, it is determined that the disclosure of the defendant's personal information and its preventive effect, disadvantage and side effect, etc. should be considered.

1. Legal penalty;