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(영문) 창원지방법원 통영지원 2016.09.23 2016고단971

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the accused to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On June 12, 2016, the Defendant was forced to commit an indecent act on the part of the victim E (the age of 20) who took the same alcohol as the “D Singing practice hall” located in C at around 04:00 on June 12, 2016, and was seated next to the victim E (the age of 20). The Defendant was able to have his/her hands on the victim’s hysium, and was in charge of the next hysium.

Accordingly, the defendant committed an indecent act against the victim.

2. 상해 피고인은 같은 날 05:00 경 제 1 항 기재 ‘D 노래 연습장’ 건물 앞에서 일행인 피해자 F(20 세) 이 제 1 항 기재 피고인의 행동을 제지하며 집으로 돌려보내려 하고, 이를 거부하는 피고인에게 주먹을 휘두른다는 이유로 화가 나 주먹으로 피해자의 얼굴을 수 회 때리고, 발로 피해자의 몸을 찼다.

As a result, the defendant injured the victim about four weeks of medical treatment by cutting the frame of internal walls.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Where a conviction becomes final and conclusive on the facts constituting a crime of sexual assault crime subject to the obligation to register and change personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 the accused is obligated to submit personal information to relevant agencies pursuant to

The defendant's age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the victim.