beta
(영문) 서울중앙지방법원 2014.03.28 2013고합1483

강제추행치상등

Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 17, 2013, around the entrance entrance of Jongno-gu Seoul Metropolitan Government C Apartment 110 gate, the Defendant was found to have returned home by the victim D (here, 33 years old), and the Defendant entered an apartment entrance to the elevator and boarded the corridor before the victim’s residence.

2. Around 22:37 on July 2013, the Defendant: (a) committed an indecent act by compulsion against the victim by compulsion; (b) committed an indecent act by compulsion against the victim by compulsion; (c) committed an indecent act by compulsion against the victim, by discovering the victim E (influence, 33 years of age) and following the victim’s own left hand; (d) by putting the victim’s right chest into the victim’s knife; and (e) having the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of resignation D and E;

1. The application of statutes that are accompanied by a medical certificate for E in an investigation report (related to the change of name of a crime and addition of name of a crime);

1. Article 319 of the Criminal Act applicable to the crime in question, Articles 301 and 298 of the Criminal Act;

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes (within the scope of the sum of the long-term punishments of the above two crimes)]

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. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;