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(영문) 서울동부지방법원 2018.11.09 2018고단1950

준강제추행

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a partner of the victim B (a family name, a woman, 23 years of age), and the victim has traveled to Guam from March 6, 2018 to the United States Guam from March 6, 2018, according to the victim.

3. 13. Entry into Guam and became victims.

1. On March 13, 2018, the Defendant: (a) at a guest room in which the number of “D” hotels located in Guamam in the U.S., Guam in the U.S. around 23:30 on March 13, 2018 is unknown; (b) after the victim, who was suffering from a usual glusium and a yellow flusium flussium bucks the victim’s bucks and bucks the victim’s bucks, and then the victim’s bucks and bucks

2. On March 17, 2018, at a guest room where it is impossible for the Defendant to know the number of apartment complexes Guam E in the U.S., Guam, around 08:00 on March 17, 2018, the Defendant was able to take out the drugs as above, she was placed on the bed in the bed part of the victim’s chest, leg, her, her, and her part in the bed part of the victim’s chest, bridge, her, and her part.

Accordingly, the defendant committed an indecent act against 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 with regard to B (tentative name);

1. Application of Acts and subordinate statutes to the contents of text notes;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Articles 16(2) and 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes committed by the Defendant, which may be achieved due to the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, consequence and seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to exemption from disclosure notification order, etc.