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(영문) 제주지방법원 2018.05.21 2017고단1933
준강제추행등
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 40 hours.

Reasons

Punishment of the crime

On April 11, 2017, the Defendant’s indecent act by compulsion 1933 of the Highestest 1933- The Defendant performed drinking with D and the victim F (the victim F, the victim’s 25 years of age), and the victim’s daily behaviors, and thereafter, he performed drinking with the above D’s house located in G 508 apartment at Jeju.

On April 12, 2017, the Defendant, while drinking alcohol at the above D’s house around 04:00, committed an indecent act against the victim by entering the room that the victim wanting to sleep, and by enjoying the victim’s body in the side of the victim who was diving by entering the room according to the victim, fright the victim’s body to the damaged person’s body, and continued to capture the victim’s hand into the victim’s clothes, and committed an indecent act by forcing the victim to resist the victim’s body.

around 04:50 on April 12, 2017, the Defendant: (a) opened and opened a door in which the victim H(E, 25 years old) was divingd by the Defendant, the seat of the Defendant in Jeju-si; (b) did not correct the rooms of three female 1st female 25 years old; and (c) asked the victim as “the head of the mixed-child department”; (d) the victim sent the answer to “N”; and (e) the victim did not turn on the body of the Defendant in the same room, without turning the body again, and invaded the room in possession of the victim.

Summary of Evidence

"2017 Highest 1933"

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. Complaint;

1. On-site photographs "2017 Highest 2273";

1. Legal statement of the witness H;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on report on occurrence of accidents;

1. Relevant Articles 299, 298, and 319 of the Criminal Act concerning the facts constituting an offense (the occupation of quasi-indecent act) under the relevant provisions of the Criminal Act and Article 319 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Order to complete a program;

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