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(영문) 춘천지방법원 2019.07.23 2019고단427

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 28) are between the two years of age with the defendant's denial, and on March 3, 2019, the victim drank 6-8 diseases a week with the defendant's denial, while playing at the defendant's home on March 3, 2019.

On March 3, 2019, the Defendant: (a) around 23:45 on March 23, 2019, at the C Apartment Dhocheon-si, the Defendant: (b) placed the victim’s name, kidd the victim under the influence of alcohol, kid the victim’s chest into the inner clothes, and met the victim’s left chest by entering the victim.

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. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of Acts and subordinate statutes to the 112-reported report processing table, the closure of text messages, photographs of the contents of text messages, legal chemical appraisal report, and gene appraisal report;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. In full view of all the circumstances such as an order to disclose information, an order of notification, and an order of restriction on employment, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, and the fact that the defendant has no record of committing sexual crimes against him/her, and that the defendant can have an effect to prevent recidivism even by registering personal information and attending a course of sexual assault treatment, and other social benefits expected by an order of disclosure, notification, and restriction on employment, and the disadvantage and anticipated side effects of the defendant due to such order,