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(영문) 대구지방법원 서부지원 2018.07.19 2017고단3062
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 and the victim B (the age of 21) are the post-age relationship that comes to their knowledge at the service organizations of the same school.

On September 13, 2017, the Defendant drinked with the victim after drinking her absday with the victim, and then drinking her absday with the victim in Daegu Seo-gu C.

On September 14, 2017, from around 01:00 to 03:00 on September 14, 2017, the following day, the Defendant drinked the victim's mind to commit an indecent act against the victim under the influence of alcohol on the steering wheel of the Defendant's drive, which was parked on the street near Daegu Western-gu E, Daegu-gu, and the victim's knife, knife the victim's chest by hand with the victim's knife, knife and knife the victim's knife, knife the victim's knife, and knife the victim's knife.

Accordingly, the defendant committed an indecent act against the victim who is mentally or physically deprived or unable to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of dialogue exchanged between the victim and the victim, and those of dialogue exchanged between the victim and the head of the organization team;

1. The application of the Acts and subordinate statutes to photographs and the intensity of the victim;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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 Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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