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(영문) 대구지방법원 2018.02.08 2017고단5089
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 1, 2017, at around 22:00, the Defendant’s house located in Yongcheon-si D, Youngcheon-si, and drinked with the victim C (the 53 years old), and E, who was living together with the Defendant E, and subsequently, was under the influence of alcohol from around 00:00 on July 2, 2017 to around 01:00 on July 2, 2017, the Defendant committed an indecent act by force by force, under the influence of alcohol, the victim’s chest and the sex with the victim’s own hand, who was locked, while under the influence of alcohol at around 00:00 on July 2, 2017. Even though the victim expressed his/her shoulder or refusal, it was difficult for the victim to reflect the victim’s two arms on his/her body, making it difficult for the victim to resist, thereby forcing the victim to commit an indecent act by forcing the victim’s suffering.

2. At the time and place set forth in paragraph 1, the Defendant suffered injuries, such as a flicker’s disease, which is a dangerous object from the above victim C, and a flicker’s head flicker’s body flicker’s body flicker, and a flicker’s body flicker’s body flicker’s body flicker and chest’s body flicker’s body flicker’s body flicker’s body flicker for treatment for about 14 days, and a flick flick fl

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. On-site photographs (on-site photographs) - On-site photographs, investigation reports (Attachment to the notification of the department related to the reporting of the case in 112), notification to the department related to the reporting of the case in 112, investigation reports (the form of the victim immediately after the transfer of the hospital), photographs, investigation reports (re-verification of the victim's injury) - photographs, investigation reports (Attachment to the victim's injury diagnosis report) - Application of

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent conduct, the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Punishment, etc. of sexual crimes committed against him/her;

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