beta
(영문) 부산지방법원 2018.09.28 2018고합325

강제추행

Text

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

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

Reasons

Punishment of the crime

[criminal record] On October 8, 2015, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were sentenced to six months of imprisonment with prison labor for special larceny at the Busan District Court. On January 13, 2016, the Busan High Court sentenced the Defendant to ten months of imprisonment with prison labor for rape, etc. and completed the execution of the final sentence in the case of the third intersection of North Korean Branch on February 6, 2017.

[Criminal facts] The Defendant and the victim C (V, 44 years old) repeated their living together and connection from around 2014 to around March 27, 2018.

On April 9, 2018, the Defendant was at the victim’s house located in Busan City, Busan, on April 22:20, 2018, and was divided into a feassing feassing feassing feasssing feasssing feasssing feassing feasssing feassing feassing feassing feassing feassing feass

n't have any capacity to do so.

”라고 말하는 등 큰소리를 치고, 양손으로 피해자의 양팔을 잡아 꼼짝 하지 못하게 한 상태로 침대에 눕힌 후 피해자에게 키스를 하고, 피해자의 옷 안에 손을 넣어 피해자의 가슴을 움켜잡고, 피해자의 팬티 안에 손을 넣어 피해자의 음부를 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The first statement made to C by the police;

1. A report on the occurrence of an indecent act;

1. Previous records: Application of Acts and subordinate statutes to the status of acceptance by individuals, the results of inquiries and investigation reports (a copy of the judgment attached thereto);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Articles 49(1) and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;