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(영문) 수원지방법원 여주지원 2017.10.25 2017고단1097
준강제추행
Text

A defendant shall be punished by imprisonment for 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

On May 3, 2017, the Defendant, at around 02:26, committed an indecent act, such as: (a) the Defendant, who was under the influence of alcohol, by entering the kitchen in which the victim was under the influence of alcohol and drinking alcohol together with two customers, was under the influence of the victim; (b) the Defendant, who was under the influence of alcohol, entered the kitchen in a simplified bed; (c) the victim was under the part of the victim’s clothes; (d) the Defendant was under the influence of drinking water; (d) the Defendant was able to write down the Defendant’s Belgium; (e) fright the victim’s fingers; and (e) brought the victim’s fingers into the victim’s face; and (e) brought the victim’s sexual organ into the victim’s face.

Accordingly, the Defendant committed an indecent act against the victim in a state of impossibility of resisting in alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the CCTV analysis photograph Acts and subordinate statutes to the crime scene;

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

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. Where a conviction against a defendant is finalized in regard to the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, and the defendant is obligated to submit personal information to a related agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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