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(영문) 대전지방법원 2018.05.04 2017고단4193

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

around 23:40 on May 23, 2017, the Defendant, at the entrance of the construction site of the C Apartment in Sejong City, was willing to commit an indecent act against the victim who was under the influence of alcohol at the early stage while driving a body car on behalf of the victim D (the 28 years old, the 28 years old, the Ga).

The defendant set the victim's car at the entrance of the above construction site and set the victim's car, and was under influence of alcohol by his hand, the victim's ship and breast was discharged.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of mental and physical loss.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Each police statement protocol for D (tentative name) and E (the defendant and his defense counsel acknowledged the fact of partial physical contact, but did not make a forced indecent act, and the victim did not have any mental or physical loss.

However, according to each of the above evidence duly examined by this court, since the defendant can be found to have committed an intentional act on the part of the injured party's chest and ship which he was diving under the influence of alcohol, the above argument shall not be accepted.

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Where the exercise of tangible force (one month to one year) in the mitigation area (one year), (one year to one year), in the mitigation area (special mitigation person) (one month to one year), in the case where the defendant's decision of sentence is not against himself/herself, and the victim's mental suffering seems to have significantly increased, the fact that the defendant is disadvantageous to him/her, the fact that the defendant is not physically disabled, the fact that the defendant has no record of crime, the fact that the defendant has no record of crime, and the fact that the defendant raises him/her alone after divorce is favorable to the defendant.