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(영문) 서울서부지방법원 2018.11.28 2018고단2875
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2018, the Defendant: (a) frightened with the friendship and alcohol, and frightened with the drunk female, and frightened the subject of the crime by having the drunk female into the youth, leading to sexual intercourse or indecent act; (b) frightening the distance near the new village of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (c) displaying the subject of the crime.

At around 01:20 on the same day, the Defendant discovered the victim C(A), who was drunk and congested in the vicinity of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and accessed the victim, and then see that it is impossible for the victim to make a normal judgment, such as the victim's failure to answer properly while drinking, etc., after being aware that it is impossible for the victim to make a normal judgment, but the victim was placed in the hotel E head of the Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the victim was kid on the victim under the influence of alcohol, and the victim's chest was immediately flued and the victim's breast was kick.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attachCCTV image CDs);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Unfavorable circumstances: In this case, a female under the influence of alcohol commits an indecent act, such as influening the female in a situation where he/she is unable to resist, leaving the chest into the telecom, etc., and the nature of the crime is considerably poor in light of the method of the crime, the side of the prosecution, etc.;

1. A favorable condition: The defendant is the primary offender, the victim does not want the punishment against the defendant in agreement with the victim, the confession of the crime and the depth of the mistake is divided, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, such as the age, sexual behavior, environment, etc. of the defendant;

The judgment of conviction on the criminal facts in the judgment that is a sex offense subject to registration and obligation to submit personal information shall be confirmed.

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