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(영문) 대전지방법원 2018.07.12 2018고단1586
준강제추행
Text

1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

Defendant

B operates E in Daejeon Dong-gu, Daejeon, and Defendant A served as the head of the office at the above establishment, and Victim F (F) served as a part-time student at the above establishment.

1. On July 2017 to August 8, 2017, Defendant A 4, including the victim, and the victim, were sweeted, followed up to the victim’s residence in the Dong-gu Daejeon-gu Daejeon-dong G, Daejeon-gu, the victim, who was under the influence of alcohol, was faced with the victim, who was faced with her body above the wall while under the influence of alcohol, and was her breast by inserting his hand into the brode of the victim, and her finger was committed by using the victim’s panty panty, and by using the victim’s resistance impossible condition.

2. On January 28, 2018, Defendant B, at the Defendant’s residence located in Daejeon-dong, Daejeon-dong H205 around 03:30 on January 28, 2018, the Defendant forced the Defendant to commit an indecent act by forcing the Defendant to commit an indecent act by putting his/her own hand over several times with the victim’s satisfying.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the prosecutor with respect to the F;

1. Application of Acts and subordinate statutes, such as the arrest report on the occurrence of a case, report on internal investigation, and photograph of the case at the time;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 299 and 298 of the Criminal Act (Options of imprisonment);

B. Defendant B: Article 298 of the Criminal Act (Optional to the punishment)

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A who has an order to provide community service or attend a lecture: Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendant B: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the age, occupation, sex, environment, motive, means and consequence of the crime, etc. of the Defendants.

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