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(영문) 수원지방법원 안산지원 2014.09.24 2014고단1911

강제추행등

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 80 hours.

Reasons

Criminal facts

1. Around June 2014, the Defendant committed indecent act by compulsion, at the Defendant’s residence located in Ansan-si, a member of Ansan-si, the chest of the victim D (at the age of 18) who was living in front of the kitchen c, was sent to the Defendant on his own hand.

Accordingly, the defendant committed indecent acts by force against the victim.

2. On July 24, 2014, the Defendant, at the Defendant’s residence on July 24, 2014, met the part of the victim, who was diving, by hand, and committed the Defendant’s sexual organ on the part of the victim.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

3. On July 24, 2014, the Defendant threatened the victim by citing the defect that the victim who suffered an indecent act, such as Paragraph 2, would report to the police, and the container containing the width, and by stating that the victim is “after the end, as the dead,” thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Relevant legal provisions concerning the crime, the choice of a punishment under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, Article 280 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The crime of this case on the grounds of sentencing under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose or notify personal information in consideration of the initial crime, family relationship, and previous circumstances) is a case of indecent act by compulsion of a female who was living together by the defendant, subsequent to the indecent act by force, and then intimidation against the victim is not yet recovered from damage, and the victim is a minor, it is inevitable to sentence the defendant as a sentence.

However, this case.