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(영문) 대구지방법원 2019.06.25 2019고단1284
준강제추행
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Defendant shall be punished by a fine of three million won.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is the same-sex and the same-sex marriage in the same department of the same university as the victim B(24 years of age).

1. On October 25, 2018, the Defendant drinked alcoholic beverages with the victim, etc. at his/her own residence, and around the same day, around the same day, at around the victim’s own residence, he/she she felked, keling on the bend floor of the bend, keling, keling on the bend part of the bend, kneing on the victim’s left hand, feling his/her sexual flag one time with the victim’s clothes, and continued to fel his/her left hand into the panty in the part of the victim’s seat, and hymd with the victim’s clothes.

2. On December 17, 2018, at around 03:00 to 04:00, the Defendant entered an examination book with the victim in the above residence, and the victim was able to commit an indecent act against the victim by enjoying in the bed room in the above residence, and was 4-5 times the victim’s sexual organ was 4-5 times the victim’s clothes.

In this respect, the Defendant committed an indecent act on the part of the victim by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complainant and the police statement concerning B;

1. Relevant Articles 299, 298, and 298 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (where the suspension of execution of a sentence is invalidated or revoked and the defendant fails to pay a fine);

1. Where a conviction becomes final and conclusive on the facts constituting a crime on which one shall register and submit personal information under Article 62 (1) of the Criminal Act, the accused shall obtain personal information in accordance with the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment

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