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(영문) 부산지방법원 동부지원 2018.04.11 2018고단81
강제추행
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant was sentenced to two years of imprisonment with prison labor due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Busan District Court, and completed the execution of the sentence at the Ansan Prison on August 18, 2015.

On January 30, 2017, the Defendant, at around 09:30 on January 30, 2017, to the victim D (Won, 19 years of age) who wishes to return home under the influence of alcohol from the passage of the second floor stairs of the building C office located in Busan Jin-gu, Busan.

After access, the victim's long-term access is H. H.

We see that the defect will be damaged.

At the same time, after the victim et al., he/she takes his/her sexual organ by opening a pande with the victim's panty sexually interest, and the victim who is off from the victim's panty panty panty is not playing.

At the same time, the panty of the victim is laid off, and the victim was laid down continuously with the arms of the victim when she was laid down, and was stuck up with the wall of the stairs, the victim was unable to move up by her hand, and the victim was laid off, she was laid off, and she was off, after the victim was spanty of the victim, etc.

In other words, the victim was forced to commit an indecent act, such as corruption, against the victim's her tam.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Before judgment: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (the same type of force), investigation report (a copy of written opinion on detention of a suspect, and confirmation of conformity with the applicable Acts and subordinate statutes of the crime);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated 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 against Sexual Crimes, and Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse recognize all of the Defendant’s mistakes in sentencing.

A victim shall be a person who has made a smooth agreement with the victim.

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