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(영문) 수원지방법원 2021.03.18 2020고단8224
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the family name, the female, the age of 20) are the follow-up relationship of the East Asia University.

From September 23, 2020, the Defendant, from around 23:00 on September 23, 2020, performed drinking together with the victim in Suwon-si C building, and the Defendant’s self-take room located in D, determined that the victim, while under the influence of alcohol, was able to commit an indecent act against the victim by using the potential state of resistance by the potential victim.

On September 13, 2020, the Defendant, as seen above, put his fingers into the clothes of the victim under the influence of alcohol as seen above, and talked with his breasts. Then, the Defendant, under his clothes, her knife with the victim's mare, with the victim's knife, with the victim's knife, and knife the victim's knife, brought the victim's knife to his own sexual flag

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

Summary of Evidence

1. Application of the police statement protocol on the defendant's legal statement B to the police statement, Kakao conversation printed out, photographic statutes

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) proviso to Article 56(1); the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the Defendant has no record of being punished for a sex offense; the Defendant has no record of being punished for a sex offense; the Defendant’s lecture order to treat sexual assault against him/her can prevent recidivism to a certain extent;

In addition, the defendant's age, family environment, family relationship, social relationship, relationship with the victim, the process and result of the crime in this case, the prevention of sexual crimes that can be achieved by disclosure and notification order and employment restriction order, and the protection effect of the victim.

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