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(영문) 수원지방법원 안산지원 2016.02.03 2015고단4187

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 23, 2015, the Defendant: (a) around 01:30 on October 23, 2015, in D convenience points prior to D convenience points in C, which were located in C; (b) the victim E (at least 27 years old) and the parking problems, and (c) the Defendant, while drinking the same alcohol as the victim, he/she is not aware of whether he/she is a male or female, or is not a baby.

“Isn't speak to the effect that “Isn't fl's right chest of the victim’s left finger,” and “Isn't fl't fl'

“.....”

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

Summary of Evidence

1. Defendant’s partial statement (the Defendant asserts to the effect that he/she was in a mental and physical weak state by stating that he/she had no memory under the influence of alcohol once again committing the crime.

According to the records, although the defendant was in a state of drinking at the time, there was a fact that the defendant had the ability to discern things or make decisions.

As such, the defendant's assertion is without merit.

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) has not yet been recovered from damage to a victim, but considering the confession and reflect of the defendant

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Where a conviction is finalized on the facts constituting a sex offense subject to registration, which is subject to submission of new information and notification, pursuant to 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 family relations, previous circumstances, etc.).