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(영문) 대전지방법원 천안지원 2019.09.18 2019고합117

강제추행상해

Text

A defendant shall be punished by imprisonment for not less than two years and four months.

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

Reasons

Punishment of the crime

【Criminal Power】 On June 27, 2019, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury, etc. at the Daejeon District Court, which became final and conclusive on August 1, 2019.

【Criminal Facts of the crime” around 18:30 on February 15, 2019, the Defendant: (a) around 18:30, the Defendant: (b) was under the influence of alcohol in Seo-gu, Seo-gu, Seo-gu; (c) the Defendant, an employee of the game room, was under the influence of alcohol; (d) the Defendant was under the influence of alcohol, and (e) the Defendant was under the following conditions: (e) the Defendant was under the influence of alcohol; (e) the Defendant was under the influence of alcohol; (e) the Defendant was under the influence of the Defendant; and (e) the Defendant was under the influence of the Defendant; (e) the Defendant was under the influence of the Defendant; (e) the Defendant was under the influence of the Defendant; (e) the Defendant was under the influence of the Defendant; (e) the Defendant was under the influence of the Defendant; and (e) the Defendant was under the influence of the Defendant; and (e) the Defendant was under the influence of the Defendant’s breath; and (e) the victim’s b) the victim’s s body.

As above, the Defendant committed an indecent act by force against the victim, and inflicted an injury on the victim, such as salt, tension, etc., of the trend that requires treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A written diagnosis of injury;

1. Video CDs;

1. Previouss before judgments: Criminal records, replys to criminal records, judgments, and application of the Acts and subordinate statutes of search of Supreme Court cases;

1. Article 301 of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Articles 39 (1) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. An order of disclosure, notification and notification; and