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(영문) 서울서부지방법원 2014.11.19 2014고단2444
강제추행
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

The defendant is between victim D (n, 19 years of age) and Red Korea University E and student conference as executive officers.

At around 02:00 on June 14, 2014, the Defendant attended a meeting of the plenary session in front of “G” located in Mapo-gu Seoul, Mapo-gu, Seoul, and provided the victim with a view to drinking alcohol to the meeting of the plenary session, and brought the victim with a mind of committing an indecent act against the victim while walking, and forced the victim to put him/her into the panty of the victim beyond the way, and committed an indecent act by forcing the victim by inserting his/her hand into the panty of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to the investigation report (D Telephone Investigation);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The defense counsel’s assertion on the defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant at the time of the instant crime is alleged to the effect that the Defendant was in a state of mental and physical disability under the influence of alcohol at the time of the instant crime. Thus, according to the above evidence, it is not deemed that the Defendant was aware that he/she had a certain degree of drinking alcohol at the time of the instant crime, but

In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the provisions on mitigation under the Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs. In this regard, the defense of counsel is without merit.

The reason for sentencing [Scope of Recommendation] General Standard of Indecent Act by Indecent Acts (subject to the age of 13) is that there is no basic area (6-2 years) (6-2 years) (decision of sentence] (decision of sentence] victim's mental suffering from the instant crime.

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