beta
(영문) 대구지방법원 의성지원 2018.02.22 2018고단6

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 11, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Daegu District Court on August 11, 2015, and is currently serving in the first intersection of the North Korean Dos.

1. On November 20, 2017, the Defendant: (a) committed several indecent acts by force against the victim of the victim D (30 years old); (b) on the one hand, the Defendant, who was in the way to determine the progress of the Cheongsong-gun, Gyeong-gun; (c) who was in the way to determine the progress of the Cheongsong-gun; and (d) who was in the way to the 1st century, the Defendant committed several indecent acts against the victim by force.

2. On November 23, 2017, the Defendant committed an indecent act by force against the victim, who was found to have a toilet and shot in the above confinement room in the morning, and was found to have been shot by hand.

3. On November 25, 2017, the Defendant put the bucks between the buckbucks where the victim, who was seated in the above confinement room, was able to move to the victim, and the victim “I start to go to the designated bucks.”

“The victim’s sexual organ was sexually imprisoned and forced the victim to commit an indecent act.”

In this respect, the defendant forced the victim to commit an indecent act three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of video recording materials);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Benefits expected due to the Defendant’s age, occupation, family environment, social relationship, criminal record, and risk of recidivism, and the instant disclosure order and notification order, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social relationship, criminal record, and risk of recidivism).