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(영문) 부산지방법원 동부지원 2014.07.25 2014고합76
강제추행
Text

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

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 21, 2014, the Defendant passed the gold c (here, 20 years of age) of Busan Jincheon-dong, Busan, about 21:45 on February 12, 2014, and went through the Defendant’s attempt to commit an indecent act against the female.

At around 21:51 on the same day, the Defendant reported the victim's entry into the Busan Southern-gu D apartment, followed the victim, brought the victim from the stairs up to the third floor, and made the victim's chest into the knife by inserting the knife with the knife, and committed an indecent act by force against the victim's chests 7 to 8 times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The police seizure record and the list of seizure;

1. The application of the provisions of Acts and subordinate statutes to the investigation report (No. 6, 7 pages of evidence), investigation report (No. 6, 7 pages of CCTV investigation), accompanying photographs, investigation reports (as to the suspect's escape), accompanying photographs, investigation reports (as to the suspect's image pictures), accompanying photographs, investigation reports (as to the emergency seizure site), accompanying photographs, investigation reports (as to the suspect's image), accompanying photographs, investigation reports (as to the suspect's image at the seat of a DNA apartment), accompanying photographs, investigation reports (as to CCTV image at the seat of a DNA apartment), accompanying photographs, CDs, investigation reports (as to the suspect's CCTV image at the seat of the victim), accompanying photographs, investigation reports (as to the confirmation

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. Reduction elements of the first category (general person who is a person under the age of 13 or more) of the Act on the Punishment of Sexual Crimes and the Prevention of Indecent Acts by Compulsion (the person under the age of 13 or more) on the basis of the sentencing guidelines: Reduction element of punishment [the decision on the recommended field] reduction range of punishment [the scope of recommendation range].

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