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(영문) 서울서부지방법원 2020.09.11 2020고단1886
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 06:00 on March 15, 2020, the Defendant discovered the victim C (Nam and 23 years of age) who was under influence of alcohol and was unable to resist due to the influence of alcohol in Yongsan-gu Seoul Metropolitan City, and the victim was able to do so by taking advantage of the crepan, and the victim was her finger, her chest, her, and her sel, and her sexual sel, and her sexual sel and her sexual sel.

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. Application of the police protocol of statement to C to the Acts and subordinate statutes governing the forest;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. Determination of sentence: The sentence shall be determined as ordered in comprehensive consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

The circumstances that are disadvantageous: The defendant's judgment of conviction on a sex crime subject to registration and submission of personal information is final and conclusive, under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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