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(영문) 전주지방법원 2018.09.14 2018고단1065
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, who was friendly between the victim (n, 22 years of age) and the victim (n, 22 years of age), had resided in F 101, f. 103, f. 103.

On March 2, 2018, when the defendant returned to Korea from the injured party on March 2, 2018, the defendant left the toilet 103 of F 103, which is the victim's self-consceptor, and received a request from the injured party to lock the door, and sentenced the victim to detect and commit an indecent act by entering F 103 between 02:11 and 04:48 on the same day.

피고인은 피해자에게 다가가 피해자가 잠든 틈을 이용하여 피해자의 잠옷 상의를 걷어 올린 후 왼쪽 젖가슴을 입으로 핥고 빨고, 계속하여 피해자의 입술에 입을 맞추고 피해자의 입 안에 혀를 집어넣었다.

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

Summary of Evidence

The application of the law of response to the request for appraisal report by the police on the defendant's legal statement victim(CCTV analysis statement bound)

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. An order to disclose registered information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Children and Juveniles under the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be issued, taking into account all the circumstances, such as the details of a crime of exemption from disclosure of registered information, the subject of prosecution, and the necessity of an order to disclose registered information, under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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