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(영문) 대전지방법원 2017.02.08 2016고단2312
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Victim C (I, I, 26 years of age) is the head of the center of the defendant's Fitice Center.

Around 02:00 on June 10, 2016, the Defendant completed a meeting with the employees of the same company, and tried to take part in the case of the victim who was feled to the Eelel located on the 6th floor of the Dong-gu Seoul Metropolitan City D building in the Dong-gu, Seoyang-gu and tried to remove the victim under the influence of alcohol on the part of the passenger room after being assigned the guest room, on the part of the victim, and on the part of the victim, she was able to fel off the chest, she was feld with the fel of the victim, she was feld with the chest, and she was feld with the chest, and she was feld with the her hand.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s potential state of resistance with being drunk.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. In light of the fact that the degree of indecent act on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is very serious, the sentence of a sentence is inevitable in light of the following: (a) the victim appears to have suffered considerable mental shock; and (b) the victim is still unable to receive a letter from the victim even though he/she appears to have suffered considerable mental shock;

However, the fact that the defendant repents and reflects the wrong, the fact that there was no record of criminal punishment before the crime of this case, and the fact that some amount was deposited for the victim, etc. are considered favorable circumstances, and the punishment as ordered shall be determined by taking into account the defendant's age, sexual behavior, environment, etc., and all kinds of sentencing conditions shown in the arguments of this case.

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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