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(영문) 창원지방법원 통영지원 2018.05.17 2018고합1
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years in October, 2017 to imprisonment with prison labor for special bodily injury in the Changwon District Court through the Changwon District Court on June 27, 2017, and is currently in the grace period.

[Criminal facts]

1. On August 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory, etc.) provides that “E” 203 of the victim D (E. 71 years of age) in Saccace C on the ground that the victim reported himself/herself as a special injury, etc. around April 2017, the victim reported him/her to the police and reported him/her to the police of the year, the police of the year, and on the ground that he/she reported him/herself as a special injury, etc.,” and the victim reported him/her to the police of the year, police of the year, the victim reported him/her to the victim, and whether he/she escaped from the toilet to the damaged victim, “

On the other hand, the victim was threatened with any harm to the life or body of the victim, such as selling the toilet door several times by drinking, etc., while being called the "motor vehicle that can die".

2. Compulsory indecent act Defendant: around 02:00 on August 14, 2017; “E” in subparagraph 206; and “Chewing”

U.S.A. The victim who has set up the Defendant who fested the disturbance by sounding “a Chewing year,” and who has set aside the disturbance, will make it possible to do so at a one-way.

Chewingly, the victim's body was spared by both descendants, and the victim's chest, salivists, etc. who want to spread the victim's body by hand were sexually committed on the part of the victim.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. Investigation report ( telephone communications of a victim);

1. A report on occurrence and the list of reported cases;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, and Article 298 of the Criminal Act concerning the crime;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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