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(영문) 수원지방법원 평택지원 2017.08.10 2017고단1287
준강제추행
Text

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

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 30, 2017, at around 05:30, the Defendant discovered the victim D (the 19 years of age, the 19 years of age, and the string) who was driven on the road under the influence of alcohol, and took the victim into the Einna vehicle owned by the Defendant, which was parked on the alleyway, was frighted to the string, followed the victim into the string, kid the victim’s entrance under the influence of alcohol, kiddd the victim’s chest by cutting down the broth of the boom of the brea, making the victim’s broth, cut down the victim’s broth, cut down the victim’s broth, and kid the body of the victim.

Accordingly, the defendant committed an indecent act by force on the part of the victim by taking advantage of the mental and physical loss of person or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. The application of Acts and subordinate statutes of the written request for appraisal;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the victim under the influence of alcohol intentionally aggravated on the vehicle.

Even though evidence is obvious, the defendant has committed a crime by denying the crime at an investigative agency, and rather has criticized the victim, and this court has tried to reduce the degree of the indecent act while recognizing the crime.

The defendant was unable to receive a letter from the injured party.

The sentence shall be determined like the order, taking into consideration the circumstances, such as the fact that the defendant has no previous conviction and the victim is under the influence of alcohol by contingency, and the fact that the victim is under the influence of alcohol, etc.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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