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(영문) 청주지방법원 2019.05.22 2018고단3093
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2018, the Defendant: (a) around the residence of the victim C(Woo-gu, Seowon-gu) who was located in the Cheongju-si B and the 24 years of age at the Cheongju-gu, Seowon-gu; (b) discovered that the victim was under the influence of alcohol, found that the victim was in a secret manner; (c) was able to commit an indecent act against the victim; and (d) caused the victim to the victim’s damages to the victim’s residence.

The Defendant shouldered the victim of the defect that the victim intends to sleep because he did so, and she saw the victim by using the victim's state of failing to resist under the influence of alcohol, and kis, kis, by inserting the victim's hand into the victim's inside, and walked up to the lower part of his chest.

Accordingly, the defendant committed indecent act against the victim by using the victim's state of non-performance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose personal information, an order to notify the personal information, and an order to exempt the employment restriction from employment restriction, and an order to restrict employment shall not be issued in consideration of special circumstances where the disclosure of the personal information of a defendant is prohibited and the expected side effects of the defendant's personal information due to the defendant's age, occupation, risk of recidivism, motive and method of committing the instant crime, seriousness of the instant crime, disclosure or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. in full view of the age, occupation, risk of recidivism, the motive and method of committing the instant crime, the consequence and seriousness of the instant crime, the disclosure or notification order, and other relevant factors.

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