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(영문) 대전지방법원 천안지원 2020.05.08 2020고단226
준강제추행
Text

[Defendant A] The defendant A shall be punished by imprisonment for six months.

However, the above punishment shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 23:00 on June 3, 2019, Defendant A, while drinking alcohol together with the motives of the victim E (inn, 19 years of age), B, and F, committed an indecent act against the victim by taking advantage of the victim’s personal hand, using the victim’s breathn and was in a state of inability to resist by taking advantage of his/her breathn, he/she was able to do so.

2. At around 23:00 on June 28, 2019, the Defendants conspired with the co-offenders of the Defendants, and around the H dormitory located in Asan City, the Defendants, including the Defendants, and F, and the victims described in Paragraph 1, who were drunkly drunk to the extent that the body cannot be properly accumulated after drinking, and carried the body into the said dormitory. The victim had the territory of the part of the Defendant and the soil of the victim, and had the clothes that the F would face to go with the victim’s clothes, and the Defendant was able to resist with the victim’s clothes. At the same time, the Defendant was able to resist with the victim’s her finger and her finger in the part of the victim’s clothes. The Defendant was able to resist with the victim’s finger and her finger in the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Application of each police protocol of statement to E and F [Defendant A]

1. Relevant Article of the Criminal Act, Articles 299, 298 (Indecent Acts on the market) of the Criminal Act, Articles 299, 298, and 30 (Indecent Acts on the market 2) of the Criminal Act and the choice of imprisonment with prison labor;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

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