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(영문) 수원지방법원성남지원 2020.11.27 2020고단2363
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

피고인과 피해자 B(여, 19세)는 2020. 1. 2. 22:00경 채팅 어플리케이션인 ‘즐톡’을 통하여 처음 알게 되어, 2020. 1. 3. 02:05경 피해자를 실제로 만나 편의점에서 술과 안주를 산 뒤 2020. 1. 3. 02:26경 서울 관악구 C건물 D호에 피해자와 들어가 함께 술을 마셨다.

At around 03:40 on January 3, 2020, the Defendant: (a) around 03:40, the Defendant was under the influence of alcohol in the above “C building” subparagraph D, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of the victim by inserting his hand into the victim’s inner part, making the chest several times.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the B-Form Acts and subordinate statutes

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

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to registration and the registration of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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

The personal information is personal information pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, anticipated side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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