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(영문) 서울북부지방법원 2015.05.21 2015고단638

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. At around 04:10 on February 14, 2015, the Defendant, a indecent act by compulsion, became the victim E (W, 21 years old), and the victim’s male-friendly arrest at a certain place in Seongbuk-gu Seoul, and became the victim’s walk and vision, and became a dispute.

The Defendant, while entering a dispute as above, brought about D stores and brought about the victim's left chest with the victim who followed the Defendant and resisted him as the store.

The defendant was forced by the victim of play to take care of the victim's chest and to take care of the victim's finger in order to help the F, who was outside of the store, and was able to help the victim's grandchildren.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. No person who violates the Punishment of Violences, etc. Act shall carry any deadly weapon or dangerous article that is likely to be used for a crime without justifiable grounds;

Nevertheless, the Defendant carried over, without good cause, the transition (knive length 13 cm, No. 1) that is a dangerous object that is likely to be used for crimes such as assault at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Coloric photo of the suspect and photograph of the suspect in D;

1. Application of police seizure protocol-related Acts and subordinate statutes, among investigation reports (verification of whether blades are kept);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, and Article 7 of the Punishment of Violences, etc. Act (the occupation of carrying dangerous articles and the choice of imprisonment);

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 (Aggravation of concurrent crimes to the extent that the punishment is added up the long-term punishment of two crimes prescribed by grave indecent acts);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An order for disclosure;