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(영문) 전주지방법원 군산지원 2021.01.15 2020고정368
준강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is in a relationship with C, the mother of the victim B (the family name, the female, the age of 26), and is in a relationship with the victim.

At around 00:30 on May 23, 2020, the Defendant, along with the victim and the above C, had access to the victim under the influence of alcohol, who was under the influence of alcohol entering the inner bank, and was under the influence of alcohol. On May 23, 2020, the Defendant: (a) Do apartment E, the victim’s residence; and (b) Dozed the victim into the inner bank; and (c) Dozed the victim with the kis; and (d) Dozed the victim into the inner bank.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement B (name) written in the police interrogation protocol of the suspect interrogation protocol to the defendant, each written in the police statement protocol to C (a quasi-indecent act committed by force), reports on internal investigation and internal investigation (related to investigation and collection of evidence by the victim), reports on internal investigation (related to investigation and collection of evidence by the victim), reports on internal investigation (related to the verification of CCTV of apartment), and reports on investigation (related to the attachment of genetic appraisal statement) to the defendant;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information to be registered under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant is 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, and the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 50(1), the proviso to Article 56(1), and the Welfare of Persons with Disabilities Act.

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