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(영문) 창원지방법원 밀양지원 2018.12.21 2018고합40
강제추행상해
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant thought that the victim B (the 55 years of age) who flicked from the defendant's office adjacent to the ordinary defendant's office was flick and flickly acting in noise at night, and the defendant was dissatisfied with the victim.

On August 2, 2018, at around 16:45, the Defendant found the victim under the influence of alcohol in front of Sinnam-gun, Sinnam-gun, and found the victim’s head knife by hand, and knife the victim’s head knife by hand, and other hand knife the victim’s head knife on the back part of the victim’s knife into the ground floor, and cut down the victim’s knife by hand.

The Defendant continued to report the chest of the victim who was revealed to the tear, she saw her chest by her hand, and caused the victim's chest by her hand, and her fingers the part of the victim's shoulder by her hand by hand, such as the victim's salll, and her fingers the victim's head by her hand.

As a result, the defendant forced the victim to commit an indecent act, and thereby, the victim suffered bodily injury, such as the head, shoulder, and obscure damage that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 301 and 298 of the Criminal Act, and the choice of imprisonment with prison labor for a limited term;

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

1. An order for disclosure, an order for notification, and an order for exemption from an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1) [the Defendant’s age, occupation, family environment, social relationship, the risk of recidivism (no record of punishment for sex crimes)], and other orders for disclosure or notification.

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