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(영문) 창원지방법원 진주지원 2018.06.12 2018고단385
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 27, 2017, the Defendant, at the main point of “C” located in Jinju-si B, around Jin-si, around 21:00, together with the victim D (n, 19 years of age), who is the same subject and motive, and thereafter, purchased the alcohol and the alcohol at the neighboring convenience store to drink with the victim, and then went back the victim to one’s own studio.

around 03:00 on November 28, 2017, at the defendant's room located in Jinju-si, E 201, the victim sits in the bed while drinking so that the victim was locked, and the victim was able to commit an indecent act against the victim at the moment, and the victim's booms and clothes were made up of the part of the victim's knick, and the victim's macks the part in hand.

As a result, the Defendant committed an indecent act against the victim by taking advantage of the victim’s potential state of resistance by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to D or F;

1. Application of Acts and subordinate statutes on internal investigation reports (the details of reports and the implementation of emergency sets);

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Reasons for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order - Unfavorable circumstances: Disfavorable circumstances - Circumstances: In cases where this judgment becomes final and conclusive, the defendant who is subject to registration of personal information, who is led to the confession of a crime and reflectiveness, or has no previous record, falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The exemption of the disclosure order and notification order shall take into comprehensive account the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of the sexual crime subject to registration that can be achieved, and the effects of protecting the victim.

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