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(영문) 청주지방법원 2018.06.27 2018고단51
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 is the president of D University Department and the victim E (V, 20 years of age) is the president of the same department.

The Defendant, around August 28, 2017, 10 executives of the same school association and 10 children of the Chungcheongnam-do, Chungcheongnam-do, Gun F, went to the camp by drinking alcohol at the latest night, and female students, after drinking alcohol on the 1st floor of the pentath, crying that male students were divingd on the 2nd floor of the pentath, and around 04:0-05:00 on the 29th day of the same month, she was charged to the side of the victim who was divingd on the 1st day of the above pentath, thereby gathering the panty of the victim, and she committed an indecent act against the victim by leading the victim's hand by leading the victim's hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to each statement;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The victim's mental impulse and suffering resulting from the instant crime are expected to be high; however, the circumstances favorable to the victim's failure to reach an agreement with the victim appear to be against the victim's wrongness; the defendant's wife is the primary offender; the defendant's efforts to recover the victim's damage was made, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the instant crime; and the situation before and after the commission of the crime is considered to have been comprehensively taken into account.

When a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.

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