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(영문) 광주지방법원 2017.04.14 2017고합38

강제추행치상등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is an unsatisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-satisfic-

1. In around 11:50 on June 22, 2016, the Defendant: (a) committed an indecent act by force; (b) in the closed ward of the said D Hospital, in mind, with the victim’s report and forced indecent act against the victim; (c) the victim’s behind the victim’s humbane satisfys the victim’s satisfy; and (d) the victim’s humfs the victim’s humfy with the victim’

Accordingly, the defendant committed an indecent act against the victim.

2. At around 08:50 on June 24, 2016, the Defendant: (a) committed an indecent act by force; (b) at the closed ward of the pertinent D Hospital, the Defendant reported the victim citing the electrical sets to the patients to force them to commit an indecent act; (c) in order to have the victim kidly kid with both arms, and kid the victim’s face by hand; and (d) let the victim kid against the victim’s injury; and (e) let the victim kid against the Defendant’s injury, humping the electric sets cited by him/her, thereby leaving him/her aground for heavy water.

Accordingly, the defendant forced the victim to commit an indecent act and suffered the victim's images with the number of days of treatment in 200.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. A medical certificate;

1. Points of mental and physical weakness: The application of Acts and subordinate statutes, including investigation reports, diagnosis reports, and opinions;

1. Relevant Articles 298 and 298 of the Criminal Act concerning the crime and the choice of punishment (the point of forced indecent act, the choice of imprisonment), Articles 301 and 298 of the Criminal Act (the point of causing a bodily injury by coercion and the choice of organic imprisonment);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the aggregate of the long-term punishments of the above two crimes as provided for in the crime of bodily injury resulting from heavy indecent conduct);

1. Article 53 of the Criminal Act for mitigation of amount;