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(영문) 서울남부지방법원 2018.09.19 2018고단2262

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On August 14, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on January 2, 2015.

[2018 Highest 2178]

1. On September 3, 2017, around 14:40 on September 3, 2017, the Defendant injured the victim’s body by drinking alcohol at C main points located in Geumcheon-gu Seoul Metropolitan Government, resulting in a slurbling dispute with the victim D (57 tax) who was drinking alcohol, and clurbling the victim’s body by drinking out of C main points and by hand.

Accordingly, the Defendant assaulted the victim as above, and thereby suffered from the victim with approximately four weeks of treatment.

[2018 Highest 2262]

2. The Defendant was forced to commit an indecent act on January 13, 2018, on the ground that: (a) around 16:00, the Defendant was forced to put the Defendant on the day of the Victim F (at the age of 51) who singing and playing alcohol at the C main office located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) but (c) on the ground that the Victim’s day was refused to do so.

Accordingly, the Defendant fighting with falp fals of D, which is the act of the injured party, and the victim spawdddddddddddddddddddddddddddddddddddddddddddd

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each police statement made to F or D;

1. A medical records and each medical certificate;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (Attachment of criminal suspect A and other similar judgments), text of judgment, summary order, and application of Acts and subordinate statutes on the current status of confinement of each suspect A;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 262, 260 (1), 257 (1) (a) and 257 of the Criminal Act concerning the choice of punishment (the point of causing violence or bodily injury, the choice of punishment by imprisonment), and Article 298 of the Criminal Act (the point of forced indecent act, the choice of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to the crime of bodily harm caused by violence);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.