beta
(영문) 서울남부지방법원 2014.10.24 2014고합381

아동ㆍ청소년의성보호에관한법률위반(강간등상해)등

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 22, 2014, the Defendant committed indecent act by compulsion: (a) around 01:51 on August 22, 2014, in front of the Yangcheon-gu Veterans Center located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, Yangcheon-gu, 296-54, the Defendant discovered the victim C (the age of 18), who was walking earlier, and had the victim

The Defendant, following the victim, prevented the victim from being injured by one hand, prevented the victim from satising the body of the victim by other hand, and went beyond the floor by towing the victim with a rare parking lot near the victim.

이어서 피고인은 바닥에 넘어진 피해자의 몸 위에 올라타 피해자를 안으며 손으로 피해자의 가슴과 음부를 수회 만져 피해자를 강제로 추행하고, 계속하여 피해자가 이에 저항하며 소리를 지르자, 피해자의 머리를 붙잡아 콘크리트 바닥에 수회 찧고, 주먹으로 피해자의 얼굴을 수회 때려 피해자에게 약 3주간의 치료를 요하는 눈꺼풀 및 눈 주위 영역의 열린 상처 등의 상해를 가하였다.

2. The Defendant committed violence at the time, place, and victim D (the age of 18) discovered the same crime as the Defendant’s mentioned in the preceding paragraph, prevented the Defendant from filing a report, and assaulted the victim’s face facing the Defendant on one occasion at the front of E, while escapeing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A written statement of F and G;

1. Application of statutes, such as a written injury diagnosis, victim face photograph, etc.;

1. Relevant Articles 301 and 298 of the Criminal Act concerning the crime and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) of the same Act;

2. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

5. Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;