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(영문) 대전지방법원 2013.11.04 2013고단3151
준강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 26, 2013, around 22:00, the Defendant, at the main station near the Seo-gu Daejeon District Office D department stores, drink and drink, including E, a company club fee, and 19 years old. On July 27, 2013, the following day, when the alcohol site was completed at around 03:00 on July 27, 2013, and the victim lost the mind by drinking alcohol, and the victim went back to the Heelel in the middle-gu Daejeon District, and went the victim to the Heelel in the middle-gu, Daejeon.

The Defendant: (a) lying the victim’s Hamoel 201 on the wall; (b) putting the victim on the bed; (c) checked the victim’s locked; (d) 09:00 on the same day while leaving the bed; (c) kidsing the victim at the time; (d) kiding the victim’s on the part of the victim who was unable to resist properly at the time but could not resist due to the influence of alcohol; (d) cutting the victim’s chest on his hand; (e) kiding the victim’s her chest; (e) continuously cutting the victim’s her spath and panty; and (e) putting the victim’s spath on the victim’s entrance.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on cards cards;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

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

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

1. In a case where a judgment of conviction against a defendant on a sex crime subject to registration becomes final and conclusive with respect to the facts constituting an indecent act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, such as the background and degree of the indecent act on the grounds of sentencing, relationship with a victim, initial crime, agreement, reflectivity, etc., the defendant is personal information under Article 42(1) of the Act on Special Cases Concern

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