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(영문) 서울서부지방법원 2012.12.21 2012고합390

강제추행치상

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 14, 2012, at around 00:20, the Defendant: (a) directed the victim E (the 26-year old age), who returned home on the street in front of the Seoul Eunpyeong-gu D market; (b) led the victim to force force by force; (c) led the victim in front of the same F, the Defendant prevented the victim from being injured by his/her hand; (d) called “debrising damage”; (c) sent the victim’s chest to another hand; and (d) led the victim to the place of leaving the victim, and (e) went beyond the resistance of the victim.

As a result, the Defendant committed indecent acts by compulsion against the victim, and caused the victim to suffer the injury incurred in a hole in the elbel and left elbel.

2. On May 14, 2012, at around 00:38, the Defendant: (a) directed the victim H (the 18-year old age), who returned home at the front of the Eunpyeong-gu Seoul Middle School; (b) led the victim to force force by compulsion; and (c) told the victim to be prevented from being injured by the victim’s back to the back of the victim’s house; and (d) called “the victim’s brucing damage” to the victim; (b) laid the left hand into the victim’s clothes; (c) laid the victim’s chest into the victim’s clothes; and (d) led the victim to the building, exceeding the resistanced victim.

Accordingly, the defendant committed indecent acts by compulsion of the victim, and caused the victim to suffer the right sleep in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. Investigation report (to attach two parts of the injury, such as victim E, etc.);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. The punishment, etc. of sexual crimes committed against him/her;