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(영문) 수원지방법원성남지원 2020.10.30 2020고단2040
준강제추행
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a proxy driver belonging to “B”.

Between January 13, 2020 and 21:39, the Defendant: (a) 20:45 on January 13, 2020 to 20:39, the Defendant, under the influence of alcohol in the “D cafeteria” located in Gwangju City, carried the victim E (name, 27 years of age) onto the vehicle of the victim’s mother learning F, which is the vehicle of the victim; (b) string the victim’s house to drive the victim’s house, the Defendant strings inside the fuckbuck in hand, and panty part of the victim’s fuck, and stopped the vehicle at the parking lot located in the “H school” located in Gwangju City G in the course of the victim’s house, and continued to have the victim’s finger and panty cut off, cut the victim’s finger and panty, took the victim’s buck and buck together with the victim’s chest as soon as possible, and left the victim’s chest.

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. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Where a conviction on a sex crime subject to the registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure and notification order is exempted from disclosure and notification order.

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