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(영문) 수원지방법원 2017.05.29 2017고단417

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:51 on October 28, 2016, the Defendant sent the victim’s finger at the front of the pharmacy located in the Mayang-gu, Mayang-si, Mayang-si, where the Defendant was under the influence of alcohol at the rear seat in the C-si operated by the Defendant, in order for the Defendant to commit an indecent act against the victim even though the Defendant was shaking the victim’s shoulder, arms, etc. at several times, and caused the Defendant to spread the victim’s fingers by inserting his fingers into the Defendant’s capital dancing, and continuously exposed the Defendant’s fingers with the Defendant’s capital, and let the Defendant take the part of the victim’s hand.

As a result, the Defendant committed an indecent act against the victim by using the state of resistance impossibility where the victim is drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of the investigation report (booming video) (booming video), booming video CD-related Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. If a conviction on the instant criminal facts subject to the registration and submission of personal information under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Sexual Crimes, Article 16(2) and the main text of Article 16(3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a related agency pursuant to Article 43 of

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and the preventive effect of the sexual crime subject to registration which can be achieved due to such order.