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Reasons
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(영문) 대구지방법원 상주지원 2018.08.16 2018고합8
강제추행치상등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

From around 2009, the Defendant was aware of the mother and mother of the Victim D (the name, woman, age 45) who is a new-do, and became the victim and his mother were living together in his residence from around 2012.

At around 05:35 on March 31, 2018, the Defendant opened a door of a victim with no mind to force the victim to commit an indecent act on the part of the victim at the above place, and opened the door, and opened the victim's scam in a narrow space between the scam and the wall, and opened the victim's scam in order to suppress the victim's resistance, the Defendant scam off with the victim's scam, face, scam with his hand, cut off the victim's scam, cut off the victim's scam with his hand, and cut the panty while the Defendant scamed, cut down the part of the victim's sexual part with his finger, forced the victim into the victim's entrance, sealed the victim's water, broken the victim's water, and scambling the victim's resistance, and suspended the victim's scam as soon as possible.

As a result, the Defendant committed an indecent act by force against the victim, and committed multiple gambling cases requiring treatment for about 14 days to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D and F;

1. Statement made by the prosecution with respect to D or F;

1. Each police statement made to D or F;

1. Protocols of seizure;

1. Investigation report (as to attachment of a medical certificate of injury), investigation report (as to attachment of a medical certificate of injury to the victim’s body);

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The argument.

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