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(영문) 대전지방법원 천안지원 2018.09.12 2018고합70
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 30, 2017, the Defendant, around 01:40 on November 30, 2017, got a victim of a high school friendly job offering C (name, 20 years of age) at the “E” house located in Northern-gu, Yananan-si, Yanananan-si, where the Defendant, while drinking alcohol together at the “E” house located in North-gu, Yan-gu, Yanan-si, and went to the Gelel located in North-gu, 06:43 on the same day on which the Defendant got a taxi.

From 06:43 to 07:58 on the same day, the Defendant 708 of the above Gel, and the victim’s panty, who was divingd under the influence of alcohol, stored the hand in the panty of the victim, and met the sound of the victim.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Results of report of 112 cases;

1. Character messages, photographs and investigation reports (the text sent by the victim);

1. A CD or record;

1. Application of the Acts and subordinate statutes governing CCTV images 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 sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to attend a lecture or community service order

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Application of the sentencing criteria [types] basic area of the first type (determination of the recommended area, scope of recommended punishment], six months to two years of imprisonment; and

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence are crimes of this case where the criminal defendant committed an indecent act by force against a victim under the influence of alcohol, and the crime is disadvantageous to the nature of such crime;

The victim seems to have caused a considerable sense of sexual humiliation and mental impulse.

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

On the other hand, the defendant seems not to have engaged the victim under the influence of alcohol in a planned manner in order to commit the crime of this case.

The defendant.

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