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(영문) 광주지방법원 순천지원 2016.02.04 2015고합171

강제추행치상등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Criminal facts

1. On April 29, 2015, the Defendant: (a) 23:30 on April 29, 2015, the Defendant: (b) drinking alcohol together with the Victim E, which was in a scambling relationship with the victim at the D drinking house located in the Mashcheon-si C; and (c) the victim, while the Defendant scaming the victim’s cell phone, is frighting

In the end, the victim's market value, which was 880,000 won of the victim's possession, was broken up on the floor and damaged by putting one cell phone on the floor.

2. On April 30, 2015, the Defendant’s injury resulting from a forced indecent act was in conflict with the victim as set forth in the above paragraph 1 before the above victim’s house located at 00:30 on April 30, 2015 (the age of 46) and was in conflict with the victim, and the victim’s demand was refused to talk in a car, and the victim’s demand was cut off and discarded.

Saz.

1. Abree, bree, etc., bred the victim’s breat and bred the victim’s car by leading the victim to the Defendant’s car.

Then, the Defendant forced the victim to commit an indecent act on the part of the victim, such as taking the victim's bucks by pushing the victim's body with the victim's arms, cutting off the victim's bucks, cutting off the panty, and cutting off the panty, etc., and caused the victim to commit an indecent act on the part of the victim by force, and thereby, the victim suffered an injury, such as closing down the 10-day right side of the 10 weeks right side in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on diagnostic certificates and damaged photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 301, 298, and 366 of the Criminal Act concerning the choice of punishment (the fact of causing bodily harm by compulsion or imprisonment with prison labor), and 306 (the point of damage to property and the choice of imprisonment with prison labor);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of two severe indecent crimes)

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

1. Suspension of execution;