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(영문) 대구지방법원 서부지원 2019.05.16 2018고단1050

준강제추행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 21) are between the defendant and the victim (the age of 21) through their friendships around September 2017.

around 22:00 on December 24, 2017, the Defendant: (a) 22:00, after drinking alcohol with 6 persons, such as the victim, etc., in south-gu, Nam-gu, and drinking alcohol, and all the body of the victim who was divingd on the side of the Defendant, the Defendant knicked the body of the victim who was divingd on the side of the Defendant, and used the knick with his her clothes by inserting her fingers and her panty, and her knick by inserting her hand into panty and her knick, and her knicked the Defendant’s sexual flag by taking the victim’s hand.

Accordingly, the Defendant committed an indecent act by force against the victim who was under the influence of alcohol and was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and E;

1. Letters on the approval details of taxi charges and the application of Acts and subordinate statutes on investigation reports;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 42(1)); Article 59(1) of the same Act (see, e.g., Article 59(1) of the same Act (see, e.g., Supreme Court Decision 2006Da15488, Apr. 1, 2006) provides that a person subject to registration shall be subject to registration of personal information of a sex crime; Article 59(1) of the same Act (see, e.g., Supreme Court Decision 2

Provided, That the suspension of sentence against the accused shall be acquitted after two years have elapsed without the invalidation of the suspension of sentence after the judgment of suspension of sentence becomes final.