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(영문) 대구지방법원 경주지원 2020.01.22 2019고단595
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On September 30, 2016, the Defendant sentenced two years and six months to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) at the Busan District Court, and completed the execution of the sentence in the Daegu Prison on February 16, 2019.

【Criminal Facts】

On April 27, 2019, at around 03:55 on April 27, 2019, the Defendant she saw soup and set soup together with his/her daughters at the yellow soil bank located in B, and she sits down next to the victim D (Taking out of the yellow soil bank). When the victim’s wife went out of the yellow soil bank and remains in the yellow soil bank only, the Defendant she was able to take out the victim’s left chest so that he/she can take out the right side of the victim’s right side, and then, she was fright back to the victim’s back by hand.

Accordingly, the Defendant committed indecent act against the victim who was diving and was unable to resist.

Summary of Evidence

1. Legal statement of the witness D;

1. Each report on internal investigation:

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Order to complete programs under Article 62-2 of the Criminal Act;

1. Where a conviction on a sex offense subject to registration of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police

On the defendant's argument, the defendant asserts that his body body felblings his arms are merely a part of the victim's chests.

However, the victim's statements, such as the facts charged, are specific and consistent, and reliable, and the chest of the victim is sealed.

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