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(영문) 대전지방법원 서산지원 2014.04.03 2013고합90
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Criminal facts

At around 13:30 on October 26, 2013, the Defendant found the victim D (Inn, 57 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and found the victim at the house of the victim D (Inn, 57 years of age), and told the victim to “as soon as possible once you see Aju,” and made the victim’s panty and panty, and forced the victim to commit an indecent act on the side of the victim’s sound, and suffered approximately two weeks of the victim’s knife the part of the right hand in need of treatment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Investigation reports (in cases of attaching, etc. photographs of the scene and the injury of victims);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the reasons favorable to the accused among the reasons for sentencing below);

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Reduction elements of general indecent act by force (special person) by force by force on the age of 13 or older/ the injury resulting from sexual crimes: Imprisonment with prison labor for two years and six months to four years in a mitigated area of minor injury (decision on the recommended area), minor injury (decision on the recommended area), mitigated area (decision on the recommended area), respectively.

3. Determination of sentence;

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