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(영문) 서울중앙지방법원 2016.11.18 2016고단4928
준강제추행
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 22) are the motive students of university.

At around 02:00 on December 19, 2015, the Defendant laid the studio 302 in Suwon-gu, Suwon-si, Suwon-si, and the victim laid the victim under the above studio 302, a part of the drinking-gu, a fluor of the drinking-gu, the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of the fluor of

Accordingly, the Defendant committed an indecent act against the victim who is in a state of difficulty to resist by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes governing stenographic records;

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which committed an offense against a brea student while under the same reason for sentencing, is not less than that of indecent act, but the victim is trying to punish the defendant.

However, from the beginning, it seems that the victim was not able to take studio. In light of the background leading up to the crime and the response of the victim at the time of the indecent act, it is an contingent crime not committed planned in advance, the victim's clear refusal intention is no longer to commit an indecent act, etc., the victim was only engaged in the crime, the crime is initial and depth is against the victim, the victim first did not receive any agreement, and there is no idea to agree with the defendant.

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