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(영문) 대구지방법원 서부지원 2018.10.11 2017고합183
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On August 15, 2017, at around 23:40 on August 15, 2017, the Defendant drinked at a restaurant operated by the victim D (V, 55 years old) located in Gyeongbuk-gun, Gyeongbuk-gun, and made a conversation with the victim.

During that period, the defendant was drinking the victim's mind to commit an indecent act on the left side of the victim's left side and only left chest of the victim's left hand.

After that, the Defendant refused to do so, and led the Defendant to tightly control the Defendant’s arm’s length of the victim who pusheded the Defendant, and resisted the Defendant on his hand, boomed the victim’s chest by his own hand, and boomed the victim’s chest by putting the victim’s chest into the victim’s upper part and boom, and committed an indecent act by promptly placing the victim’s left chest.

Accordingly, the defendant forced the victim to commit an indecent act, and thereby caused the victim to suffer a loss in a knife for the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the victim's body photograph (after 13 days);

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of 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 Exempted from an order to disclose, notify, or restrict employment, and Article 47(1) and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the Defendant has no record of punishment for a sexual crime prior to the instant crime, and thus, there is a risk of recidivism of sexual crimes

It is difficult to conclude that the defendant has the effect of preventing re-offending even with the fact that he/she has been sentenced to punishment, completed a program, or registered personal information.

I seem to appear.

In addition, the social benefits expected by the disclosure order, notification order or employment restriction order, and the prevention effect of sexual crimes.

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