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(영문) 창원지방법원 2016.01.07 2015고합234
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, on September 12, 2015, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") discovered the victim E (hereinafter referred to as 16 years old) who was diving and committed an indecent act against the victim in the vicinity of the soup room in C of Changwon-si on September 12, 2015.

The Defendant, as he was frighting on the left side of the victim, rhyd the victim's ship, who was locked by her hand, tried to put the victim's neck toward the right side of the victim, but she stopped the above act by reporting the victim's sloping, and after confirming the fact that the victim was locked, she laid down the victim's bridge on her own bridge by walking on the left side of the victim's own bridge with the victim's right side, and she tried to put the victim's leg on the part of the victim's hand, but she stopped the above act and moved back to another place.

Defendant continued to be divingd, and the Defendant continued to do so.

In order to return to the wife of the injured party and to have his/her bridge on the side of the injured party, the injured party committed an indecent act against the injured party by means of confrontation.

Accordingly, the defendant committed an indecent act by force against the victim in a state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Application of the photographic Acts and subordinate statutes by cutting the victim form in a soup room;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting an offense on which a child subject to an order to disclose or notify the information is registered with the personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection, etc. of Juveniles against Sexual Abuse, the Defendant shall obtain personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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