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(영문) 의정부지방법원 고양지원 2015.03.27 2015고단173

준강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant and the Victim C (L, 21 years old, 21 years old, 21 years old) attended the same department as the same university, and the Defendant continued to take a leave before discharge, to take a leave, to drink with the motive and motive of the above victims and the above university, and to drink the above D’s residence.

1. On November 18, 2014, around 08:30 on November 18, 2014, the Defendant committed an indecent act against the victim C, by attracting the victim C’s hand who was divingd in the bed, leading the victim C to have his/her sexual organ met, by inserting his/her hand in the bed part of the victim’s panty, and by inserting his/her hand into the panty, the Defendant got his/her finger together with his/her hand.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental disorder or non-performance state.

2. At around 09:00 on November 18, 2014, the Defendant, who committed indecent act against the victim D, was spandeed by the victim D’s panty in his/her place of residence, and was locked at the bed, with the victim D’s panty.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental disorder or non-performance state.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D, C, and F;

1. Application of text messages sent by a suspect;

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

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. Where a judgment of conviction against a defendant on the crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act

An order to disclose or notify personal information.