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(영문) 인천지방법원 2018.05.31 2017고단8879
준강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as the head of the overseas business team of “E” and the victim complained of occupational stress, was drinking together with the victim C (the family name, the female, the age of 23).

1. A quasi-indecent act Defendant, on May 26, 2017, 01:15, was parked on the street of “G” located in the “G” located in the Sinsi F on the street, and, under the influence of alcohol, the Defendant was under the influence of alcohol by the victim who was unable to properly hold his/her body, and was spared by the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. On May 26, 2017, the Defendant driving a H Tti-gu vehicle owned by the Defendant in the Hti-gu section of approximately 0.146% alcohol level from the front day of “G” located in the Sinung-si F in Sinung-si around 4:5 to the front day of “Seoul Metropolitan Telecom,” located in Sinung-si, Sinung-si, Seoul, while under the influence of alcohol leveling about 0.146%.2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. CCTV photographs and reports on the detection of the principal driver;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Articles 299, 298 (a quasi-indecent act committed) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of recommendations] The general standard for the punishment of indecent acts under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommendations] is the basic area (6-2 years or more) (the person who is specially mitigated) / The victim [the victim] who is vulnerable to the crime [the standards for multiple crimes] compulsory indecent acts and the crime of violation of the Road Traffic Act (driving) in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the lower limit is not set.

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