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(영문) 수원지방법원 2020.03.12 2019고단5638
준강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B (n, 23 years old, 27 years old) and the victim C (n, 27 years old) were known to each other, and they were accommodated together with Jeju-do travel from December 31, 2018 to January 2, 2019 at the hotel hotel in Jeju-do.

1. Around 05:00 on January 2, 2019, the Defendant committed the crime against the victim B: (a) crepited the victim’s cret that the victim locked in the above guest room; (b) stored the victim’s panty in the victim’s cret; and (c) met the victim’s brut with the victim’s panty; and (d) brut and brut with the victim’s back, the victim

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

2. The Defendant committed the crime against the victim C at the time and place set forth in paragraph (1) of this Article, where the victim was locked, was involved in the victim’s side by creshing the victim’s standing, and then the victim’s boomed by hand.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of the Kakao Stockholm dialogue, hotel structure and location map to the relevant forest Acts and subordinate statutes;

1. Article 299 of the Criminal Act and Articles 298 of the same Act concerning the applicable criminal facts and the choice of punishment, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused shall be subject to special cases on the punishment, etc. of sexual crimes.

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