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(영문) 광주지방법원 2018.11.14 2018고단2041
준강제추행
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is a member of a university of the victim B (a family name, a female, 18 years of age).

On March 16, 2018, at the studio located in Gwangju-gu, the residence of which is around 19:30, the Defendant drinked with 16 members of the University Dong-ri, including the victim, and went back to the house, and the other ties remain with the victim. On March 17, 2018, at around 01:00, the Defendant was under the influence of alcohol between around 01:00 and around 04:00, the Defendant was fluencing the victim’s fluence, and fluencing the victim’s fluor, she was fluencated with the victim’s fluor, she was fluencated with the victim’s fluor, and she committed an indecent act by drinking the victim’s fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to genetic written appraisal (data corresponding to a suspect);

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of recommendations according to the sentencing guidelines] - The basic area (six months to two years) concerning the crime of forced indecent conduct (the crime of forced indecent conduct committed on the basis of general standards) - No person who is in a special sentencing: [the decision of sentence] who is favorable: The defendant acknowledges his/her mistake; unfavorable circumstances: The defendant committed the crime of this case in the same manner during the suspended sentence period after being sentenced to five years of imprisonment with prison labor for the rape of 2014; the defendant did not agree with the victim; if the judgment of conviction against the defendant is finalized as to the crime in the judgment that he/she is liable to register and submit personal information, Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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