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(영문) 광주지방법원 2017.07.21 2017고단1349
준강제추행
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

From September 26, 2016, the Defendant conspiredd with the victim C (the name, female, 19 years of age).

On November 1, 2016, the Defendant, at around 20:00, took the victim under the influence of alcohol due to the Defendant’s house No. 205 of the Gwangju-dong building D, Gwangju-gu building No. 205, followed by one hand of the victim under the influence of alcohol, sent the victim’s chest to the victim who was under the influence of alcohol, and was in the victim’s face while making self-defense.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for C (tentative name) and statement made by the police for E;

1. Application of each F dialogue-related statute;

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

The reasons for sentencing are as follows: the age, sex, environment, family relationship of the defendant.

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