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(영문) 서울서부지방법원 2013.03.22 2013고단136
준강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on December 28, 2012, the Defendant: (a) discovered the victim E (here, 25 years of age) under the influence of alcohol on the roads near Eunpyeong-gu Seoul Metropolitan Government D, and went to his house; and (b) accessed the victim, the Defendant was willing to commit an indecent act by causing a sudden desire for the victim while moving the victim by neglecting the victim.

The Defendant: (a) towed the victim into the vicinity of the lower body of Eunpyeong-gu Seoul Metropolitan Government, lying the victim in the vicinity of the lower body; (b) putting the finger in the clothes of the victim, who is drunk and unable to hold the body properly, and was in charge of the chest; (c) cut off legings and pantys; and (d) cut off the victim’s sound with his hand, and kid up two times in the face of his finger.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s state of impossibility to resist.

2. At the time, time, and place described in paragraph (1), the Defendant thief took advantage of the gaps in which the victim could not take the body while drunk as referred to in paragraph (1) and carried 11,00 won in cash owned by the victim in his/her lock.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of victim E;

1. Application of the Acts and subordinate statutes on photographs, field photographs, and CCTV recording data;

1. Relevant Articles 299, 298, and 329 of the Criminal Act concerning the facts constituting an offense. Article 329 of the same Act

1. Where a conviction against the defendant is finalized with respect to a concurrent crime committed in relation to the facts stated in the judgment of personal information on Article 37, Articles 38(1)2 and 50 of the Criminal Act among concurrent crimes, the defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency pursuant to

The reason for sentencing is that the defendant committed an indecent act as stated in its reasoning in spite of the victim's repeated refusal intention after cutting the victim who was seated on the road to sleep his alcohol into the alley.

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