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(영문) 서울동부지방법원 2018.08.31 2018고단1130
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

A. Around November 19, 2017, the Defendant, who was in charge of the crime, was at the Defendant’s seat, victim E (the age of 26) and meeting at the Defendant’s birth place located in Seocho-gu Seoul Metropolitan Government D apartment 29 dong 104, and was in the house of a drunk victim while drinking alcohol.

On November 19, 2017, the Defendant, at around 03:30 on November 19, 2017, 03:30, f** the victim’s house in Seongdong-gu Seoul ** the victim’s room, and the victim was able to use his/her head and body in the part of the victim’s knife at the bed and knife in the bed, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Accordingly, the Defendant, while under the influence of alcohol, committed an indecent act against the victim in a state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (No. 4, 7, and 8 once a year);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, consequence and crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the order, the preventive effect and effect of the registration that can be achieved therefrom, and the effect of protecting the victims of sexual crimes).

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