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(영문) 제주지방법원 2017.07.20 2017고합74
준강제추행등
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 was a student attending the E University Construction Design Department with the Victim C (L, 19 years old) and the Victim D (L, 19 years old), and was under the course of study with the victims after completion of the course of study, and was under the course of learning on the floor inside the E University E University HU model model-making room in F after drinking with the victims, and was under the course of locking between the victims;

1. From Oct. 22, 2016 to Oct. 07:00 to Oct. 08: (a) in the above place; (b) in the clothes of the victim C, under the influence of alcohol from next to the said place, the victim was forced to commit an indecent act by taking advantage of the victim’s resistance impossible condition; and (c) the victim’s chest appears to have been in charge of the victim’s chest with his/her clothes.

2. At the same date, at the same time and at the same place, the victim's knife C, knife the Defendant's hand, knife the Defendant's knife, knife the knife part of the victim D, which was under the influence of alcohol next to knife, knife the victim's knife into the victim's panty, and continuously knife the victim's knife into the part of the victim's knife, and knife the victim's knife into the victim

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. The Defendant and his defense counsel argued to the effect that the Defendant was physically and mentally weak at the time of committing each of the instant crimes. However, in light of the content of each of the instant crimes acknowledged by the evidence presented earlier, the Defendant’s act before and after committing each of the instant crimes, etc., the Defendant did not have the ability to discern things or make decisions at the time of committing each of the instant crimes.

Therefore, we cannot accept the above argument.

Application of Statutes

1. The facts set forth in Article 299 and Article 298 of the Criminal Act with respect to the relevant criminal facts and Article 1 of the Decision on the Selection of Punishment: the Criminal Act.

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