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(영문) 부산지방법원 동부지원 2020.03.11 2019고단1905

강제추행등

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

On July 8, 2016, the defendant was sentenced to six months in Busan District Court for the crime of violation of the Road Traffic Act (driving). On May 30, 2017, the execution of the above sentence was terminated in Busan Detention Center.

The defendant and the victim B(n, 61 years old) and the victim C(n, 70 years old) are neighboring residents living in Busan-gun.

1. On July 2019, the Defendant committed an indecent act by compulsion by force by force against the victim by way of spreading back to the upper part of the victim’s chest, by dividing the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

2. At around 17:00 on August 13, 2019, the injured Defendant: (a) destroyed the victim’s house B; (b) destroyed the victim’s shoulder by breaking the victim’s shoulder with double hand on the ground of trees for smoking tobacco in the room; and (c) divided the victim’s shoulder and breast part into about five minutes, divided the victim’s shoulder and breast part into about four minutes; and (d) inflicted injury on the part of the victim, which requires approximately four weeks of medical treatment.

3. On August 21, 2019, around 10:30 on August 21, 2019, the Defendant: (a) entered the house of the victim C, located in Busan District captain D; (b) entered the house through a steel gate, which was not corrected under the influence of alcohol, in order to resist the community residents to make an examination on the Defendant; and (c) opened the entrance door and entered the living room, and intrudes on the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, and partial statement of witness B;

1. The prosecutor's statement concerning B;

1. Each police statement of E and C;

1. Medical certificates, and details of the processing of reports by 112;

1. Previous convictions: Criminal history records, investigation reports, and application of court rulings and other related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 257 (1) of the Criminal Act, Article 319 (1) of the Criminal Act and the choice of imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes: