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(영문) 광주지방법원 2016.04.20 2015고단5161
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The Defendant, from around 06:30 on September 7, 2015 to around 07:00 on the same day, at the influence room in Nam-gu, Nam-gu, Gwangju on the same day, he was aware of the victim C (the 19-year-old age) who was the customer of the siren business by the Defendant working for the Defendant on the day before the instant case, provided the Defendant with drinking at first, she was able to commit an indecent act against the victim who was in a state of mental and physical loss by drinking the victim, and she was fluencing the victim on the part of the victim, and she was placed on the part of the victim on the part of the victim.

Since then, the defendant saw the victim's scam, the scam of the victim was scamed with the victim's clothes. The defendant scam was scamed with the victim's scam.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

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

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a community service order or an order to attend a lecture;

1. The basic area (six months to two years) of the sentencing criteria [the scope of recommended punishment] general standards is the crime of indecent act by force (subject to at least 13 years of age) and the basic area (any person who is subject to special sentencing) of the category 1 (the general indecent act by force);

2. In light of the fact that the defendant, who was sentenced to the sentence, committed an indecent act by taking advantage of the victim's mental and physical loss, or the content, method, and degree of indecent act, the crime is inferior, and the victim is also trying to make a strong punishment against the defendant.

However, the sentencing conditions shown in the records, such as the age, occupation, family relationship, and circumstances before and after the crime, including the fact that the defendant has been sentenced to a fine of one million won or less, and the defendant has been repented and reflected by mistake, shall be determined as ordered.

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