성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
In light of the fact that indirect crime is punished with the same punishment as, or more mitigated punishment as, the principal offender, even if the provision of indirect crime is applied ex officio without any changes in the indictment, it cannot be deemed that it actually incurs disadvantages to the defendant’s exercise of his/her right to defense (see Supreme Court Decision 2014Do13148, Apr. 23, 2015). Thus, this court acknowledged the crime by revising the facts charged ex officio to the extent that it is deemed that there is no concern that the said provision would actually be disadvantages to the defendant’
[criminal record] The Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (unlicensed Driving) at the Port Support of the Daegu District Court on February 1, 2018, and the said judgment was finalized on August 1, 2018.
[Criminal Facts] The defendant, the victim C(25 years of age), and the victim D(28 years of age) were confined to F prison G in E, and the victim C has exercised continuous violence as the head of the above room.
1. In collusion with the Defendant and B, around December 21, 2017, at the above room around 21:00, the Defendant and B refused the victims “Dran C is considered to have fying us,” and the Defendant refused the victims “C is considered to have fying her sexual organ,” but the victims “C is not fying her sexual organ.”
Accordingly, as the Defendant acted to the victims, he acted, and the Defendant stated that “I will do so if you wish to do so. I will do so soon,” and “I will not do so soon,” and “I will not see our society as soon as possible,” and “I would like to call up a resistance,” and “I would like to cause C to put the victim’s sexual organ as soon as possible.”
In addition, the Defendant and B forced the victim C over a total of four times from around that time to January 5, 2018, such as the list of crimes in the attached Table.