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(영문) 인천지방법원 2015.04.15 2014고단6638

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On April 5, 2014, at around 00:39, the Defendant committed indecent act by compulsion: (a) around 2, 2014, the Defendant: (b) talked with the victim E (at least 50 years of age) while singing together with the victim E; (c) opened the victim back to the lower end; and (d) opened the victim by force by force; and (b) committed indecent act by force against the victim by deceiving the victim’s chest by hand.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박) 피고인은 제1항 기재 일시ㆍ장소에서 피해자에게 5만 원을 지급받고 성관계에 동의할 것을 요구하였으나 피해자가 이를 거부하자 위험한 물건인 라이터를 피해자 턱 밑에 갖다 대고 라이터 불을 껐다 켰다하면서 피해자에게 “5만원에 섹스까지 해준다고 너 입으로 얘기해라. 안 그러면 가만 안 둔다. 얼굴 다 태워버린다”라고 말하였다.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to each field photograph andCC-TV photograph;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act concerning the crime;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the length of two crimes prescribed in the Punishment of Violences, etc. which is heavier than the punishment (a collective action, deadly weapons, etc.)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Where the conviction of the accused is finalized on the facts constituting a sexual crime subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall obtain personal information under Article 42(1) of the Act on Special Cases