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(영문) 부산지방법원 2017.05.24 2016고단8185

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

[criminal records] On July 11, 2013, the Defendant was sentenced to six months of imprisonment for special larceny at the Daejeon District Court, and one year and six months of imprisonment for attempted rape at the Daejeon High Court on December 11, 2013, and the execution of the sentence was terminated on March 2, 2015, and on July 20, 2016, the above judgment became final and conclusive on February 3, 2017.

[2] From October 26, 2016 to November 29, 2016, the Defendant and the victim C (25 tax) together lived in the 5th floor of the Busan Sindong-dong, Busan Sindong-dong-dong-dong-dong-dong-dong-si School from October 26, 2016 to November 29, 2016

1. 피고인은 2016. 11. 초 순경 위 수용 실 거실에서 피해자의 젖꼭지를 1회 만져 피해자를 강제로 추행하였다.

2. On November 29, 2016, the Defendant, at around 09:00, committed an indecent act by force on the part of the victim, by holding in his/her hand the victim’s sexual organ in his/her clothes at the front of the above accommodation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. Each police statement made with respect to C, E, and F;

1. C's self-statements, G, and E respectively;

1. A working report;

1. Previous convictions in the judgment: The application of Acts and subordinate statutes shall include crimes, investigation experience data inquiry, investigation report (report on the result of confirmation of a previous conviction on a suspect's disposition), Busan District Prosecutors' Office 2016 punishment 31503, indictments, trial progress records, investigation reports (report on confirmation of a crime during the period of repeated crime of a suspect), personal confinement status [the defendant denies the fact that he committed an indecent act against the victim, but it can be sufficiently recognized, taking into account the evidence as stated in the judgment, including consistent statements made by the victim C, so the defendant's assertion shall not be accepted].

1. Article 298 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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 defendant with reasons for sentencing under Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order.