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(영문) 부산지방법원 서부지원 2017.10.26 2017고단1001
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant served as the vice president of C Station, and the victim D (V, 28 years old) served as the above company service personnel.

1. On July 14, 2016, at around 22:00, the Defendant: (a) completed a meeting of the members of the workplace, including the victim, in the influencies of the E Station near the Busanbuk-gu E Station; and (b) took the victim, under the influence of alcohol, who is unable to properly hold the body, carried the victim into the back seat of the taxi; (c) took the victim’s body back to the back seat of the taxi; and (d) took the victim’s body back to the victim; and (d) took the victim’s body, she took the face into consideration the victim’s body; and (e) took the victim’s body, and (e) took the victim’s her look at the victim’s body.

Accordingly, the Defendant, under the influence of alcohol, committed an indecent act by force against a victim in a state of resistance.

2. The Defendant committed the crime described in paragraph 1 and went to the victim's house, but did not get the victim to get off the taxi, and went to the trade name singinginging place located in the new-dong of Busan, Seoyeong-gu without getting the victim to get off the taxi.

The Defendant, around that time, was drunkly driven by a victim who was unable to properly hold his body due to a pande-sing singing room, was placed on a sofash and walked on the victim's chest by walking the victim's sing on a sofash, prompted with the victim's chest, and knife him into a panty, and knife part of the victim's panty.

Accordingly, the Defendant, under the influence of alcohol, committed an indecent act by force against a victim in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of recommendations given in the sentencing guidelines] - The basic area (six months to two years) of the crime of indecent act by force (subject to 13 years or more) (the general indecent act by force) (the decision of sentence] in the basic area, and the victim’s spirit during the crime.

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