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(영문) 춘천지방법원 강릉지원 2020.02.06 2019고정197
준강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 31, 2019, the Defendant visited C drinking house located in Gangnam-si B with her natives D, and she drinks alcoholic beverages by combining with the victim E (n.e., do, 20 years of age) and F. On the following day, the Defendant she drank alcoholic beverages more by moving the alcoholic beverages together with the Defendant’s studio in Gangnam-si G building and H around 03:00 on the following day.

At around 04:00 on February 1, 2019, the Defendant, at the above studio, kid the victim by putting the victim under the influence of alcohol in a studio, and kids by getting the victim to sit on the side of the studio. The Defendant, even though the victim called “non, ma, diving, or self” at the stude of the brue, the victim, who is unable to drive the spirit of alcohol, laid down the string of the brue, laid down the kid, laid down the brue into the panty of the victim, and kid by inserting the hand into the throde of the victim.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Investigation report (F telephone conversations for reference);

1. Application of Acts and subordinate statutes to an investigation report (Attachment to the submission of data on the victim's side), confirmation of treatment, and outpatient treatment records;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. If a conviction on the crime of quasi-indecent act by force, which constitutes a sex offense subject to registration and the registration of personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, 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 the head of a police

The defendant's age, occupation, social relationship, risk of recidivism, and this case is exempted from disclosure notification and employment restriction order.

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