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(영문) 수원지방법원 2016.04.07 2015고단5123
준강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between victim D (n, 20 years of age) and the entrance motive in the first grade of E University.

On September 23, 2015, the Defendant and the victim drinked alcohol in G where they are fluents of the E University, which is located in F of the Tong-gu in Suwon-si on September 23, 2015.

At around 21:00 to 22:00 on the same day, the Defendant was drunk to the extent that the victim was unable to properly hold the body, and the Defendant was able to take care of the victim, and the victim was working for the victim while going to her door, and was her panty and her panty line, and her her son was her fright.

The Defendant continued to look at E University E’s Ha, along with H, sold each part of the victim’s arms and moved the victim to the school dormitory where the victim resides. On the part of the victim’s winter, who suffered from half selling Dorts due to left hand, her hand was put into hand and her breast part was cut back on the breast part.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's breathy condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment was that the defendant committed an indecent act in the course of making the victim under the influence of alcohol into the dormitory. In light of the attitude and content of the indecent act in this case and the fact that the victim did not agree with the victim, the crime’s nature is not somewhat weak.

However, it is necessary to consider the fact that the defendant is a primary offender, reflects his mistake in depth, and does not repeat again, and the defendant is still a university student who is yet aged.

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