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(영문) 전주지방법원 2018.07.20 2018고단728
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From July 19:00 to around 20:00 on July 8, 2014, the Defendant drinked the victim H (the name of the victim), and drinking alcohol at the fourth floor G drinking house of the F-gu Seoul Special Metropolitan City, Seoul Special Self-Governing Province, and went into the toilet, and went into the right side of the victim. In addition, the Defendant forced the victim to sleep into the port arms, and continued to put the victim into the breath of the victim's shoulder, and caused the victim's left breath of the breath of the breath of the breath.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

Application of the Act and subordinate statutes to the defendant's legal statement H, police investigation report to I (to bound printed out text messages of victim) and investigation report (to bound text messages of victim male-gu).

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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

1. No order to notify registered information shall be issued pursuant to the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account all the circumstances, such as the degree of indecent act committed by a person subject to an employment restriction order under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the degree of an indecent act committed by a person subject to an employment restriction order under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the social status of the accused, the necessity of notifying registered information

The reason for sentencing is that the defendant is a student in charge of the management at the university in which he/she is employed, that the defendant made only two drinking places and forced the defendant to drink excessive drinking, that the defendant proposed sexual intercourse after the crime, that the defendant gave a sense of shame and the destruction of the victim, and that the defendant knew of the crime of this case, even after the crime of this case, he/she does not know of the fact.

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