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(영문) 부산지방법원 2016.06.17 2016고합106
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On October 7, 2015, at around 08:00, the Defendant committed an indecent act against the victim, such as: (a) the victim E (the 22-year old) living together with the Defendant’s son at the Defendant’s house located in Busan District; (b) the victim E (the 22-year old) drinking abson; (c) the victim’s name and clothes in a situation where resistance is impossible to resist; and (d) the victim’s chest was frighted; (c) the victim’s her chest was frighted; and (d) the victim’s her her her kb on the part of the Defendant’s her kb on the part of his her her kb

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police against D;

1. The Defendant denies the crime to the effect that the Defendant only kissked on the victim’s kis, and that there was no fact that the victim kisk or kisked on the victim’s chest.

However, the victim's statements are consistent and concrete about the defendant's act, contents of damage, the fear and response of the victim, and the situation before and after the crime.

In addition, the contents of one victim's statement are inconsistent with other evidence, such as the content of the message and recording file received by the defendant, D and the victim immediately after the crime is committed.

Unlike the circumstances where the victim's statement is false, and the credibility of the victim's statement may be acknowledged in light of the victim's attitude in this court) law shall apply to the victim's statement

1. Relevant Article of the Criminal Act, Articles 299 and 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of 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 defendant has no record of punishment for sexual crimes against him/her and there is a risk of recidivism or recidivism of sexual crimes

It is difficult to readily conclude.

. against the Defendant.

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