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(영문) 부산지방법원 동부지원 2018.02.07 2017고단1899

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who takes a golf course in the “F golf practice course” located in the Geum-gu Busan Metropolitan Government, and the victim G (V, 34 years old) is a person who was receiving a golf course in the said golf practice place and was aware of it.

1. On January 2014, the Defendant: (a) around the “I hotel” located in He of the Busan Eastdong-gu, Busan; (b) performed a fluorial fluor by drinking alcohol with the said victim; (c) performed a fluorial fluor by raising his hand to the shoulder of the said victim; and (d) committed an indecent act by force by deceiving the victim’s right chest on one occasion.

2. On April 19, 2017, around 17:58, the Defendant committed an indecent act by force, such as finding out that the said victim is under golf practice, and finding out that the said victim is under golf practice, and doing detailed correction, even if it is not during the golf training hours of the said victim, the Defendant committed an indecent act by force, such as cutting down the right shoulder of the said victim’s right shoulder, putting up two parallels from the right shoulder to the runway of the said victim, putting down the body from the rear side of the said victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statements from witnesses G and J;

1. Application of the investigation report (to attach one CD toCCTV major pages and one CD copy), investigation report (to a female party to the suspect who has suffered the same damage) (the confirmation of telephone conversations between the suspect and the female party to the case);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. 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 Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

It is difficult to conclude.