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(영문) 춘천지방법원 원주지원 2017.02.08 2016고합98
추행약취등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2016, the Defendant: (a) discovered that the victim E (nives, 19 years of age) is under influence of alcohol at the Dok Park Ba-si (C) on September 27, 2016; (b) discovered that the victim E (nives, 19 years of age) was under influence of alcohol; (c) caused the victim to knick and kn the victim; and (d) brought the victim to F in the same neighborhood.

Accordingly, the defendant kidnapped the victim for the purpose of committing an indecent act.

2. A quasi-indecent act Defendant: (a) around 06:55 on September 27, 2016, 2016, the Defendant: (b) placed on the front side of the F in G in the Defendant’s H Belgium car, who was seated on the top of the steering car; and (c) placed the chest of the said victim on the top of the victim’s inner part; and (d) laid down the victim’s left chest on one occasion.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's incompetence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of the closure photographs in front of the her Mour, closure photographs in front of the J cafeteria, closure photographs of the F parking lot, each photograph, closure photographs, and other closure photographs;

1. Relevant legal provisions concerning the crime, Article 288(1) of the Criminal Act that prescribes the punishment (the capture of indecent acts), Articles 299 and 298 of the Criminal Act (the occupation of quasi-voluntary indecent acts and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (the penalty imposed on a crime of kidnapping with no further punishment)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles [the Defendant’s age, occupation, family environment, and social ties recognized as recorded on the record.

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