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(영문) 수원지방법원 안양지원 2014.05.16 2014고단443
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 01:30 on December 10, 2013, the Defendant discovered the victim C(22 years of age and influence) under the influence of alcohol in the vicinity of the 365ccpop prior convenience store, and caused the victim to sit in the stairs, but the victim was working on the floor and went back to the Eelcom located in the Mapo City located at the 100-meter away from the floor.

At around 01:52 on the same day, the Defendant: (a) placed a breathous victim under the influence of alcohol within the scope of 308, on the floor, and placed the victim on the bed; (b) placed the victim on the bed; (c) placed adult broadcast on television; (d) placed the victim’s clothes on the part of the victim, 2:3 only 2:44; and (c) performed self-defense with her chest and clothes on the part of the victim; and (d) placed the victim on the part of the victim.

As such, the Defendant, under the influence of alcohol, committed an indecent act against the victim by making physical contacts by taking advantage of the situation of the victim, who has been in a state of mental or physical disability or impossibility to resist, and by inducing sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to C of each protocol of police statement;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of punishment, and the choice of imprisonment (the process, method, and result of the instant crime, including the fact that the criminal defendant first finds that the victim was under the influence of alcohol and commits an indecent act against the victim in a closed space where the victim was under the influence of alcohol);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (i.e., the fact that the defendant is against the defendant, the fact that the victim has agreed to pay 5 million won to compensate for mental harm to the victim

1. Where the conviction of this case against a defendant who has registered personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, personal information of the defendant under Article 42(1) of the Act on Special Cases concerning the Punishment,

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