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(영문) 청주지방법원 충주지원 2016.09.22 2016고합36

성폭력범죄의처벌등에관한특례법위반(특수준강제추행)

Text

Defendants shall be punished by imprisonment for one year and six months.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around October 30, 2015, the Defendants: (a) 406 G in G in F in the voice group H, I, and 15 years old; (b) Ha and I, while drinking alcohol together with the Victim J (M, E, 15 years old); (c) Ha and I were able to commit an indecent act against the victim under the influence of a breath in the incule, while they were under the influence of alcohol; (d) Defendant A placed the victim who was under the influence of alcohol on the bend in the bend; (e) placed the victim who was under the influence of alcohol on the bend part of the bend part of the victim; (e) laid off the victim’s breath and clothes; (e) putting the victim’s hand in the bend part of the victim; and (e) Defendant B was able to have the chest and fluor of the victim’s chest with his hand.

As a result, the Defendants committed an indecent act against the victim in a state of resistance which is in an inception.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes governing stenographic records;

1. The Defendants under the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: Articles 4 (3), 4 (1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following provisions shall be considered as being more favorable to the reasons for sentencing);

1. Defendants who attend lectures: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendant A exempted from an disclosure order and notification order: (a) comprehensively taking account of the following: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; and (b) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the above Defendant’s age, occupation, environment, criminal record; the background and result of the instant crime; (c) the circumstances after the instant crime were committed; (d) the effect expected by disclosure and notification of information about the above Defendant; and (e) the disadvantage and anticipated side effects of the above Defendant.