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(영문) 수원지방법원 성남지원 2017.11.17 2017고단2498

준강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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

Punishment of the crime

On July 9, 2017, the Defendant: (a) around 06:00, the Defendant: (b) placed in the parking lot located in Gwangju-si, Gwangju-si, and (c) placed the victim D (a) who is a part-time student of the main shop operated by the Defendant, seated in the auxiliary seat of the foregoing vehicle and was under the influence of alcohol, and was able to be able to be able to be able to be able to be able to be able to be said able to be able to be able to be able to be able to be said able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal accidents;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The reason for sentencing of Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Course commits an indecent act against the victim who is a part-time student of his principal store operated by the defendant, and the degree of such indecent act is not less than that provided, the victim seems to have received a large mental address, and the defendant is deemed to have received a large mental address, and the fact that he did not receive a letter from the victim is disadvantageous to the defendant.

However, the defendant has no record of punishment in excess of the same criminal record and fine, confessions and reflects the crime in this case, and other factors such as the situation of Article 51 of the Criminal Act, the scope of recommended punishment in the sentencing guidelines, etc. shall be determined in the same manner as the order is given.

When a conviction on a crime of indecent act committed by force based on the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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.