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(영문) 대구지방법원 서부지원 2016.09.01 2016고합70
강제추행치상
Text

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

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 25, 2016, the Defendant: (a) around 16:40, the Daegu Seo-gu, Daegu-gu, and the victim D (n, 65 years of age) entered into “E” restaurant operated by the victim D (E) and entered into accounts after drinking, and (b) the Defendant her own victim was frightd, and (c) the victim was frightd with drinking.

In addition, the Defendant dumped the victim's flaps, and dumped the victim's left chest by drinking.

As above, the Defendant committed an indecent act by forcing the victim to engage in sexual intercourse, etc., and committed an injury to the victim, such as the victim’s satisfeing, satisfeing, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 257 (1) of the Criminal Act (the occupation of injury and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Comprehensively taking account of various circumstances such as Defendant’s age, family environment, social relationship, disclosure or notification order, profits and preventive effects expected due to such an order, and disadvantages and side effects arising therefrom, the following: (a) there is no record that Defendant was punished as a sexual assault crime; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the registration of Defendant’s personal information; and (d) the completion of sexual assault treatment programs.

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