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(영문) 부산지방법원 2014.07.18 2014고합228
강제추행상해
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of property damage, etc. in the Busan District Court’s Dong Branch Branch, and completed the execution of the sentence on June 20, 2012.

【Criminal Facts】

On April 11, 2014, at around 02:45, the Defendant discovered the victim D (or 48 years old) who passed away in the front of the L parking lot located in Busan Jin-gu, Busan, and attempted to commit an indecent act.

The Defendant, according to the victim’s appearance, she led the victim with his/her alley, led the victim with his/her alley, led the victim, she boomed the victim with his/her hand, and “kiskh.”

When the victim refuses it, the defendant was "as soon as possible.................. the defendant was laid in with the entrance of the victim, and the victim was strokeed with the shoulder material hand of the defendant.

As a result, the defendant forced the victim to commit an indecent act, and thereby, caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Investigation report (No. 9 No. 5 of the evidence list);

1. A written request for appraisal;

1. Other photographs of the strokeed part of the victim;

1. A photographs of the part of the suspect A;

1. Previous convictions in judgment: References to criminal records, each investigation report (No. 8 and 16 No. 16) and application of Acts and subordinate statutes to the personal identification and confinement status;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances deemed to be the following grounds for sentencing):

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

1. The following: Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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