beta
(영문) 인천지방법원 부천지원 2016.08.12 2016고합113

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Reasons

Punishment of the crime

On July 14, 2015, the Defendant was sentenced to one year and six months of imprisonment and two years of suspended execution on July 22, 2015, due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court’s Branch Branch.

On February 16, 2016, at around 20:00, the Defendant discovered the Victim E (the name, leisure, 18 years old) who is an employee of the head of the above game site located in the said game site, and found the Victim “A, Albafabababa,” who was an employee of the head of the said game site.

(1) The Corporation shall not be

Alba Franc was friendly.

In the phrase, the victim committed an indecent act, such as having knife the victim's hand, having the victim enjoy, continuously keeping the victim in a manner consistent with the victim's hand, and trying to sustain the victim.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police for E;

1. Photographs;

1. Previous conviction: Judgment on the defense counsel's assertion in the report of investigation (the report prior to the suspension of execution and the attachment of the judgment), materials attached thereto, and inquiry results;

1. The gist of the assertion was that the Defendant had mental and physical weakness at the time of committing the instant crime due to a mental disorder or mental disorder of Grade III.

2. According to the evidence Nos. 1 through 3 of the judgment, it can be acknowledged that the defendant was hospitalized and provided outpatients with mental symptoms (interscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics

It is difficult to accept the defense counsel's assertion.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 27(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which disclosure or notification is ordered.