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(영문) 전주지방법원 정읍지원 2016.10.13 2016고단304
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

1. On June 7, 2016, the Defendant: (a) around 21:30 on June 7, 2016, the Defendant, while playing in the right side of the victim D (the age of 21) (the age of 21) who was detained in the same room in the front of the front-Eup prison in the front-Eup Docheon-si, was able to cause the victim’s desire to commit indecent act by force; (b) covered the fluor by the victim’s title to the part of the victim; (c) covered the fluor by the victim’s left hand; and (d) used the victim’s name, distribution level, and assaulted the victim’s sexual organ by force.

2. On June 7, 2016, around 23:30 on June 23:3, 2016, the Defendant committed an indecent act by force against the victim by drinking the victim’s mind to force indecent act by drinking the victim’s sexual organ on the right hand, and by drinking the victim’s desire again at the same place as indicated in paragraph (1).

3. Around 01:00 on June 8, 2016, the Defendant committed an indecent act by taking advantage of the victim’s state of resisting the victim’s sexual organ, such as taking the victim’s sexual organ against which he/she was able to influorize and sleep the victim by drinking the victim’s desire at the same place as indicated in paragraph (1) and enjoying the victim’s sexual organ immediately adjacent to the Defendant.

4. Around 03:00 on June 8, 2016, the Defendant committed an indecent act against the victim by taking advantage of the victim’s state of difficulty to resist, such as taking the victim’s sexual organ against which he/she had a mind to force force by force by force, and taking away the victim’s sexual organ immediately next to the Defendant, by taking the victim’s desire to resist at the same place as indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. The applicable provisions of the Criminal Act concerning the facts constituting the crime, the choice of a punishment under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

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