beta
(영문) 광주지방법원 순천지원 2019.08.30 2019고단350

준강제추행

Text

A defendant shall be punished by imprisonment for six 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 B (the family name, the female, the age of 34) are known through game meetings from about 15 years to about 15 years.

On November 23, 2018, around 05:35, the Defendant, along with the victim, drinked with the victim at the hotel hotel C hotel D at 05:35 on Nov. 23, 2018, and the victim first dumpeded down the bed and dumpeded the victim's chest, and she was under the influence of alcohol.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. B (tentative name) legal statement;

1. The written statement made by the police against B;

1. A written statement under B;

1. Application of Acts and subordinate statutes to photographs [the facts charged in this case is recognized to be fully convicted in light of the victim's specific and consistent statement, the defendant's defense that kisks are about to contact with kiss, etc.]

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism; (c) profits and preventive effects expected from an order to notify disclosure of personal information; and (d) disadvantages and side effects of such order; and

1. As to the crime of indecent act by compulsion, Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the crime of indecent act by compulsion on the judgment