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(영문) 대구지방법원 안동지원 2019.03.22 2018고단532
강제추행등
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

1. Indecent acts by compulsion;

가. 2018. 5. 1.경 범행 피고인은 2018. 5. 1. 21:30경 B에 있는 C 수용실에서, 취침을 하기 위해 누워 있던 수형자인 피해자 D(21세)에게 다가가 손을 피해자의 팬티 안으로 집어넣고 피해자의 성기를 주물렀고, 피해자로부터 하지 말라는 이야기를 들었음에도 계속하여 “우리는 특별한 사이인데 자위도 못하냐. 조용히 해, 쉿, 가만있어.”라고 말하면서 양손으로 피해자의 성기와 가슴을 수회 만져 피해자를 강제로 추행하였다.

B. On May 2, 2018, the Defendant committed a crime around May 2, 2018, and the Defendant above the Defendant around May 21, 2018.

At the place stated in the port, D, who was a convicted prisoner who was suffering to be invaded, had the victim's panty, had the victim's sexual organ into the victim's panty, and had the victim talked that the victim's sexual organ was the victim's speech, but continues to be "I would have been the lender for the future. I would like to do so at this plant, I would like to say that we would have been living in this plant for more than 10 years, and all employees would have been living in this plant." In both hands, I exceeded the victim's will and panty, and forced the victim's sexual organ to have the victim's her her sen, and her sexual organ was committed by force.

2. Around May 3, 2018, the Defendant threatened the victim by stating the grievance, etc. of the prisoner D at the place indicated in the foregoing paragraph (1) at the time of the victim’s entry on May 3, 2018, and by making a summary report, which is a summary of the correctional officer known to the correctional officer, the Defendant threatened the victim by stating that “When it is possible to cope with the foregoing report, it is within the meaning of the tax base return.”

Summary of Evidence

1. Legal statement of witness D;

1. A copy of each E and F statement;

1. A’s statement-post;

1. A copy of G's work report, and a copy of D's written consent;

1. AH’s reply;

1. Application of Acts and subordinate statutes of each certificate of confinement;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 283 (1) of the Criminal Act, and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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