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(영문) 대구지방법원 경주지원 2019.06.20 2019고합5
준강제추행등
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

The defendant is the victim B (n, 24 years old), the male-gu C and D of the victim's male-child group C and D, who work together as a gldy.

The Defendant, around 03:00 on June 10, 2018, at the house where the victim E and C live together with the victim in the racing, the Defendant decided that the house would drink with the beginning of the house, and that he will work together at a night at a late time when he would drink with the house.

The defendant, under the influence of alcohol, met with the victim's chest, and from the locking to the knife, the victim got her body back to C and got her body back to the knife again, the victim's negative part was her part above the victim's knife.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s inbreath and in a state of mental disorder or impossibility to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of quasi-indecent acts and subordinate statutes on the protection of a quasi-indecent act case, rescue and location of the defendant, victim or witness;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning criminal facts and the choice of punishment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. 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 notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have no record of criminal punishment for sexual crimes; and the completion of personal information registration and sexual assault treatment programs is deemed to have the effect of preventing recidivism even; and such issuance is subject to an order to disclose or notify information.

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