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(영문) 창원지방법원 밀양지원 2018.10.26 2018고합27
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On September 30, 2017, the Defendant: (a) in the smuggling detention house B room located in C (25 years of age) north-west-ro 124, the north-west-west-ro, west-ro, west-ro, the Defendant: (b) laid off the victim C (25 years of age); (c) put the victim into the lower part of the damaged party; (d) put the victim into the lower part of the damaged party; (c) put the victim into her body ma.; (d) her body son; and (e) the Defendant and D take the victim’s arms to prevent the victim from leaving the body her seat; and (d) her hand her hand, as the victim might be her seated.

“Accomageed the victim’s resistance by suppressing the victim’s resistance, and continued to spread D and the Defendant, with the victim’s sexual organ, and shaking about one minute.

On October 9, 2017, the Defendant, together with D, committed an indecent act by force on the part of the victim by deceiving the victim’s sexual organ by around 21:00 each day until October 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness C and E;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to investigation reports (at least 21 times a month, indictments against accomplices D, progress of trials, and written decision on non-prosecutions attached);

1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by a person on September 30, 2017 with the largest penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, notification, and restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age; and

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