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(영문) 부산지방법원 서부지원 2019.05.17 2018고단1858
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 8, 2011, the Defendant was sentenced to a suspended sentence of one year for a crime of kidnapping minors at the Busan District Court on July 8, 201, and on March 30, 2012, the Defendant was sentenced to imprisonment for one year and medical treatment and custody in Busan District Court on March 30, 201.

4.2. On March 10, 2017, the sentence of the said suspended sentence became null and void due to the final and conclusive judgment, and the execution of said sentence was terminated.

In addition, on September 6, 2018, the defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years of age), and the judgment became final and conclusive on November 15, 2018.

At around 21:50 on August 20, 2018, the Defendant reported that the victim C (the 41 years of age) who is confined in the same room was mentally and mentally ill, and that he was in a deep fashion by drinking panty, and met the victim's sexual organ by inserting her fingers out of the panty, and her sexual organ was fluened by her hand, and her sexual organ was fluened by her hand, and her sexual organ was fluened by her being fluened.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Each service report;

1. Previous records: Criminal records, previous records and written confirmations - attachment of written judgments, investigation reports (Attachment to the same type of judgment), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes (i.e., the crime of kidnapping a minor and the crime of kidnapping and inducing a minor);

1. Article 10(2) and (1), and Article 55(1)3 of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018) that is mitigated by law (person with a mental disability)

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes [mutual crimes against quasi-indecent acts and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under thirteen years

1. Order to complete a program;

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