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(영문) 창원지방법원 밀양지원 2018.07.06 2018고합15
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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) placed the victim D (24 years of age) in the smuggling-ro 124, Switzerland-ro, Switzerland-ro, west-do, west-do on September 30, 2017; (b) placed the victim D (24 years of age) on his/her own and E, placed the victim's sexual organ into the lower part of the damaged person; and (c) placed the victim's sexual organ into the lower part.

Accordingly, the victim is "Mad." The body pad. The defendant and E enjoy the victim's arms to prevent the victim from getting out of office, and the defendant kn't kn't kn't kn't kn't kn't kn't kn't kn't.

The term "the victim's sexual organ was frightened by suppressing the victim's resistance, and continued to catch the victim's sexual organ and shaking about one minute.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution with regard to D;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes of each service report;

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. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment on the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Juveniles from Sexual Abuse, the Defendant becomes a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a person subject to registration of personal information under Article 43 of the same Act.

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