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(영문) 서울북부지방법원 2017.02.23 2016고단5663
강제추행등
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 40 hours.

Reasons

Punishment of the crime

1. The defendant 2016 high group 5663 is a patient who was within the emergency room of the D Hospital serving as the victim C (n, 23 years old).

On November 19, 2016, when the Defendant was under medical treatment in the D Emergency Hospital E located in the Jung-gu Government-si around 04:30 on November 19, 2016, the Defendant: (a) the Defendant was bad in Bloro by her body with the victim’s left chest with the finger hand hand hand hand by the nurse, in order to provide the Defendant with the Defendant’s flab below the bed of the bed; (b) the Defendant was bad in Bloro.

The victim was forced to commit an indecent act by stating that it should be avoided.

2. At around December 26, 2016, Defendant 25, Defendant 1: (a) reported by Defendant 112, who lost a handphone in front of G real estate G in Dobong-gu Seoul, Dobong-gu, Seoul, by Defendant 112, obstructed a police officer’s legitimate performance of public duties in relation to the handling of reported cases, etc. by Defendant 1, taking into account the following circumstances: (b) the police officer of the Seoul Dobong Police Station, who called out after receiving a report from Defendant 112, in order to verify the details of the report against the Defendant.

Summary of Evidence

[2016 order 5663]

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (Attachment of CCTV images in a DNA emergency room), and photographs obtained by capturing CCTV images in a DNA emergency room (2017 top group 25);

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes of J;

1. Relevant Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. 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 to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, and social ties).

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