(영문) 부산지방법원 2013.11.15 2013고합660

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Reasons

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자간(%)

(영문) 부산지방법원 2013.11.15 2013고합660

성폭력범죄의처벌등에관한특례법위반(특수강제추행)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On July 29, 2013, at around 03:00, the Defendant committed an indecent act by force by force against the victim by forcing the Defendant to have his sexual organ taken out in advance from the Defendant’s left hand by taking the Defendant’s hand, to find out the victim D (18 years old), and to commit an indecent act against the Defendant’s sexual organ, which was laid down alone with the stairs of the above building, and to commit an indecent act by force.

2. On August 7, 2013, the Defendant: (a) discovered the victim G (the age of 22) who smokes tobacco from the “F department stores” and the “F department stores in Busan-gu, Busan-gu, and the middle stairs of the second floor; (b) attempted to commit an indecent act against the victim by taking out the Defendant’s sexual organ at the lower end; and (c) approaching the victim’s sexual organ, saying, “The victim shall not have a big eye, but shall not have a big eye.”

Therefore, the defendant, who tried to report to a cell phone with the victim’s cell phone with the victim’s words “disturgy”, led the victim to suppression of the victim’s resistance, which is a dangerous object on the part of the victim’s neck, and led the victim to commit an indecent act by forcing the victim by putting the victim’s sexual organ in front, rear, and rear, and breaking the victim’s sexual organ into the victim’s stairs continuously, and putting the victim’s sexual organ in front and rear, and then putting the victim’s sexual organ into the victim’s body in front and rear back, and raped the victim by considering the formation of the victim’s body in front and rear.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Records of seizure and the list of seizure;

1. On-site photographs and CCTV video-recording materials;

1. Application of Acts and subordinate statutes to a report on investigation (or photographs of keyss of an Lao);

1. Relevant Articles of the Criminal Act and Articles 298 and 298 of the Criminal Act concerning criminal facts, the choice of punishment.

참조조문

-형법 제298조

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