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(영문) 광주지방법원 목포지원 2017.02.17 2016고단297

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the motive to attend the same department as that of a university, such as the victim G (n, 19 years of age).

On March 25, 2015, from around 18:00 to 22:00 of the same day, the Defendant, at H et al. located in the lower area of Sinpo City, performed alcohol together with the victim and I, as well as I, who are the same motive as the victim, and moved a taxi for his own sake at the victim's house in Sinpo City J of Sinpo City.

At around 23:00 on the same day, the Defendant entered the victim's house, accumulated it in the victim's room, and the Defendant forcedly committed an indecent act against the victim by force, such as setting the victim's chest, setting the victim's chest on the part of the victim's room with knowledge that the Defendant was locked and waiting at the victim's room to locked up, and allowing the victim to resisting the victim's clothes, setting the victim's chest on the part of the victim's room in order to let the victim locked up and resist the victim's clothes, leaving the victim's chest on the part of the victim's room, and continuing to be off the victim's chest, putting the victim's chest on the part of the victim's finger.

Summary of Evidence

1. Each legal statement of G, K, L, and M;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of N contents exchanged by the victim with L, etc.), investigation reports (related to attachment of receipt certificates), investigation reports (Attachment of N contents exchanged between the victim and the suspect A), recording records;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. The extent and anticipated side effects of the Defendant’s disadvantage due to the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, etc.