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(영문) 대구지방법원 포항지원 2017.07.06 2017고단312
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 13, 2017, the Defendant forced indecent act: (a) around 10:40 on February 13, 2017, in the name of the victim D (Woo, 63 years old) located in Northern-gu Seoul (hereinafter referred to as “E Schlage”) that the victim attempted to commit an indecent act against the victim on the ground that the victim would stop his/her possession of the surplus without paying the money; and (b) in both hands, the Defendant took two chests of the victim on the ground that he/she attempted to force the victim to commit an indecent act.

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

2. In order to report to the police the fact that an injured person was forced to commit an indecent act by the Defendant at the time, time, and place specified in paragraph 1, the same applies to the injured party.

“In the event that the victim’s face, hair, etc. are taken several times as a drinking, the victim was suffering from a state-owned cerebral brain in need of approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate and a medical opinion;

1. Application of each statute on photographs;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment and social ties, records of the crime, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, and

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