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(영문) 수원지방법원 2016.06.13 2016고단1604
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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 January 1, 2016, between 01:39 to 01:59 on the same day, the Defendant: (a) while driving a vehicle owned by the victim on behalf of the owner of the vehicle from the Dondong-dong to the Yannam-ri on behalf of the owner of the vehicle from the Dondong-ri to the Yannam-ri, the Defendant: (b) was under the influence of alcohol; (c) was under the influence of alcohol; and (d) was under the influence of alcohol; and (d) was under the left hand, the Defendant was under the chest of the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental and physical loss and the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. There is no basic area (6 months to 2 years) (special person subject to sentencing) in the first category (general indecent act in force) of the crime of indecent act committed on the basis of the general standard of the sentencing criteria (the scope of recommended punishment)

2. The defendant who has made a decision of sentence by proxy commits an indecent act against the victim in a state of mental and physical loss or resistance under the influence of alcohol while driving the victim's vehicle on behalf of the victim, and the nature of such offense is not that of the victim;

However, considering the fact that the defendant's mistake is recognized and against the defendant, and that there is no record of punishment for the same kind of crime before this case, the defendant's age, sex, family relation, and all of the sentencing conditions stated in the records and arguments, such as the defendant's age, sex, family relation, etc., shall be considered and sentenced as the disposition.

Where a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant 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, and is obligated to submit personal information to the competent agency pursuant to Article 43

order to disclose personal information; or

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