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(영문) 대구지방법원 포항지원 2017.10.12 2017고단251
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On December 14, 2016, the Defendant forced indecent act: (a) around 23:00, the Defendant placed the Defendant’s house in the north-gu “D” singing practice room 3 times in the north-gu C at a port; (b) singing and drinking with the victim E (the victim’s age 54); (c) singing the victim with his desire to commit an indecent act on the victim’s body; (d) placed the victim’s body at the victim’s entrance, sing the victim’s body, singing the victim into the victim’s body; and (e) placed the victim’s house into the victim’s entrance; and (e) committed an indecent act by coercioning the victim’s chest and the part above the victim’s clothes.

2. The Defendant of the assault committed an indecent act at the time and place specified in paragraph 1, and at the same time, only Chewing and dead to the victim who is fit for the victim E to obtain her cream from the victim E.

"Along with sound, the part of the victim's head was flive once by drinking, and the victim was flicked by his hand by pushing the victim's body.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The application of the police statements made to E and F [The defendant and his defense counsel denies the fact of assault and assault, but according to the consistent statements made by witnesses E and F, etc., it is recognized that the defendant forced the victim to commit an indecent act and assault as stated in the judgment of the court]

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and society of the accused);

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