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(영문) 제주지방법원 2019.03.25 2018고합211
준강제추행등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was at the first time with the victim B (a person, a person, 20 years of age) and the victim was at the place of work, such as the defendant's female-friendly job offering C, and the victim was at the same cosmetic.

1. At around 03:00 on November 23, 2018, the Defendant: (a) while drinking alcohol together with C, the victim, and the victim’s male-friendly arrest F, at the Defendant’s house located in D and E, the Defendant got out of the house to the inside where the victim was locked by taking advantage of the gap between C and F in order to smoke tobacco; (b) got out of the house to the inside where the victim was locked; and (c) got out under the influence of alcohol, the Defendant got out of the inner part of the victim, such as the victim under the influence of alcohol, and got out the chest by inserting the finger into the victim’s inner part.

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

2. Around November 23, 2018, the Defendant: (a) at the same place as Paragraph 1, around 04:45, and around November 23, 2018; (b) at the same time, C and F returned out of the house to the inside where the victim locked by taking advantage of the cresh in order to throw away wastes; (c) she flown out the inner part of the victim under the influence of alcohol to the lower part of the victim; and (d) her chest by inserting his hand into the victim’s inner part; and (e) her chest and panty, and inserted the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B (alias), F, and C;

1. Application of Acts and subordinate statutes to a report on investigation, a report on the results of appraisal, and a report on the prosecution and delivery;

1. Relevant Articles 299 and 297 of the Criminal Act concerning the crime and the choice of punishment, and Articles 299 and 298 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with severe punishment (Provided, That it shall be limited to the sum of the long-term punishments of each of the above crimes)];

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.

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