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(영문) 창원지방법원 밀양지원 2016.12.15 2016고단184
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On June 26, 2015, the Defendant was sentenced to a suspended sentence of three-year imprisonment with prison labor for robbery in the Changwon District Court (Seoul District Court) on the grounds of robbery, and on July 4, 2015, the Defendant is a person whose judgment became final and conclusive and is still under the suspended sentence.

"2016 Highest 184"

1. In a state that the Defendant lacks the ability to discern things or make decisions due to the proof of alcohol existence, the Defendant entered the D convenience points located in the Gyeongnam-gun, Nannam-gun, and entered the said D convenience points on March 7, 2016, and made the victim E (the 25-year-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-p

Accordingly, the Defendant committed an indecent act on the part of the victim.

"2016 Highest 325"

2. In a state that the Defendant lacks the ability to discern things or make decisions due to the proof of alcohol existence, the Defendant, at the H convenience store operated by the victim G, who was in the Gyeongnam-gun F, around March 23, 2016, around 23:05, destroyed the Defendant’s 1 disease of the amount equivalent to KRW 1,400, the market price of which was in the air conditioners.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement to E by the police;

1. A written statement of I and G;

1. Each investigation report, internal investigation report (the verification of CCTVs, etc.), investigation report (the verification of a list of 112 reported cases against a suspect), department related to the 112 accident report, details of damage receipts, investigation report (in cases of CCTV crimes, etc.), investigation report;

1. Mental appraiser's certificate (J of a medical treatment and custody center);

1. Previous records of judgment: Application of criminal history records, investigation reports (not before the disposition of a suspect, and confirmation of the facts under the current suspension of execution) and statutes;

1. Relevant legal provisions concerning facts constituting the crime and the points of selective indecent act by compulsion of punishment: Article 298 of the Criminal Act; Article 329 of the Criminal Act; and Article 329 of the Criminal Act;

1. Mitigation of mental illness and injury caused by the proof of alcohol under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury.

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