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(영문) 부산지방법원 2018.04.23 2018고단585
강제추행등
Text

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

To order the accused to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Compulsory indecent acts;

A. On July 4, 2017, the Defendant committed a crime on July 4, 2017: (a) around 06:05, the Defendant reported the victim E (the 23 years of age) from the stairs of the exit of the air station No. 1 in Busan Dong-gu, Busan, about July 4, 2017; (b) from the stairs of the air station No. 1 in the Busan Dong-dong C; (c) from the subway to get off the subway; and (d) took the mind of committing an indecent act on the part of the victim; and (e) took the victim’s her son’s son with his her

B. On July 5, 2017, the Defendant reported on July 5, 2017, at around 21:50, the victim H (n, 37 years of age) residing in front of the G church located in Busan Dong-gu, Busan, and committed an indecent act by force against the victim by drinking the victim’s son’s son’s son.

(c)

On July 15, 2017, the Defendant reported on July 15, 2017, 23:40 on July 15, 2017, the victim J (W, 21 years of age) returning home in front of the Busan Dong-gu I, Busan, and committed an indecent act by force against the victim by making the victim's her son's son's son's her son's son's son's son's son's son's son's son

2. Around August 7, 2017, the Defendant publicly obscenity committed a sexually obscene act by listening to the content describing a sex-related head through “M” on the alleyway in Busan Dong-gu, a smartphone audio North app, around 17:22, on August 7, 2017, in which sexual humiliation was created, and committing a self-debrising act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement statute to J, E, N, and H;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act (the point of compulsory indecent act), Article 245 of the Criminal Act (the point of public performance obscenity), and the choice of imprisonment with prison labor;

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

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. 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 a notification order, 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, social ties);

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