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(영문) 부산지방법원동부지원 2020.10.20 2020고합127
강제추행상해등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. Around 00:40 on June 24, 2020, the Defendant suffered from an indecent act by compulsion, the Defendant used the victim’s hair and shoulder at “Ding practice room” operated by the victim C (the 56-year-old) in Busan Shipping Daegu B and the 1st underground level, and used the victim’s hair and shoulder, and entered the victim’s chest.

The victim refers to "dleba, Mara" and the victim's finger, the victim's finger, and the defendant committed an indecent act against the victim by putting the victim's hair, putting the victim's face into the floor by drinking, taking the victim's breath, and putting the victim's bitch at the site "the victim has bitched the victim's bitch," and again putting the victim's chest on the victim's chest over the floor, and putting the victim resisting it into the bottom, and putting the victim into an indecent act by force, and inflict an injury on the victim, such as an internal fright, etc., which requires approximately 20 days of treatment.

2. After the crime described in paragraph (1) was committed, the Defendant: (a) sing up the entrance stairs of the said “Ding practice room” and sing off the victim; (b) sing off the body of the victim; and (c) sing off the body of the Seoul floor, thereby threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Statement to C by the police;

1. C Complaints;

1. A medical certificate of injury, and prescription;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 301, 298 of the Criminal Act concerning the choice of punishment, and Article 283 (1) of the Criminal Act concerning the punishment (the occupation of intimidation and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each crime as stated in the punishment heavier than the punishment) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Order to complete a program;

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