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(영문) 광주지방법원 목포지원 2017.03.10 2016고단1306
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the manager of the C Officetel in Sejong-si, and the victim D (the 17 years of age) is the tenant who resides in the above officetel.

1. On January 20, 2016, the Defendant forced indecent act: (a) replaced the toilets with the victim’s house on January 20, 2016; (b) told the victim that the victim would die with the victim’s own hand; and (c) told the victim that the victim would die with the victim’s hand; (d) knicked the victim’s hand and boomed the victim with the victim’s hand; and (e) compelled the victim to commit indecent act by force.

2. Around 09:00 on February 17, 2016, the Defendant infringed upon a residence: (a) while checking the fire reduction devices of each household in the instant officetel, the first class was divided into the victim’s house; (b) but, at the same time, the Defendant opened the victim’s house and intrudes on the victim’s residence.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to report internal investigation (referring to attachment of the content attached to E in dialogue with the victim by the victim), investigation report (to listen to the statement by the fire-fighter on the spot);

1. Relevant Article of the Criminal Act and Articles 298 and 319 (1) of the Criminal Act concerning the selection of criminal facts: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

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

1. Personal information is personal in light of the Defendant’s age, risk of recidivism, record of crime, content and motive of crime, method and seriousness of crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that can be achieved due to such order, preventive effect of sexual crimes subject to registration, protection of victims, etc.

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