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(영문) 인천지방법원 2019.07.24 2019고단448
준강제추행등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant of the Gangnam-gu Seoul Metropolitan Government 2 is a marina branch office, who has worked in the Gangnam-gu Seoul Metropolitan Government C, and the victim D (Vin, 24 years old) is a household fee for the same marina branch office.

On February 17, 2018, from around 07:25 to 08:00 on the same day, the Defendant, while under the influence of alcohol from the second room inside the pertinent business establishment, was set off the part of the victim's right side to the right side of the part of the victim's seat by his hand, and exempted the victim's panty right side to the right side of the victim's panty, and committed an indecent act against the victim by using the victim's sexual part as soon as the victim's sexual part, and the Defendant committed an indecent act by taking advantage of the victim's mental part to the extent that the victim was unable to resist, or to resist, by taking advantage of the victim's mental part or to resist.

2. At around 22:45 on December 8, 2018, the Defendant: (a) committed an indecent act by force against the victim’s G (L, 26 years of age, Canadian nationality) with a view to committing an indecent act against the victim’s interests by having a large number of people enjoy dancing on the first floor of the “F club” in Yongsan-gu Seoul, Yongsan-gu, Seoul; and (b) having a large number of people enjoy dancing by using a congested gap; and (c) having an access to the victim to the victim to force the victim to commit an indecent act against the victim’s interests.

Summary of Evidence

No. 1 Crimes

1. Statement by the defendant in court;

1. Crimes of Article 2 of the Statement of Statement by the Police Agency against D;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the prosecutor's statement concerning G;

1. Relevant legal provisions concerning facts constituting a crime, Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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