강제추행치상
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 04:10 on April 28, 2013, the Defendant found the victim D(20 years of age) in front of the fourth floor of Seo-gu Daejeon, Seo-gu, Seoul, with a view to committing an indecent act against the victim by singing the victim with the victim’s desire, and confirmed that the victim “Isn't ............” immediately, the Defendant sent the victim’s body at his arms and forced the victim to see the body of the victim’s body after the above loan, and forced the victim to see the body of the victim’s body, so that the body of the victim may not move out, and the victim’s body is forced to fright the victim’s body, and the victim’s body was sealed by the victim’s body, threatening the victim’s body to satisfy, and satn the victim’s body and satisfy the victim’s chest at the victim’s body.”
As a result, the defendant forced the victim to commit an indecent act, and thereby, the victim suffered injury, such as the tension with the victim who needs approximately two weeks of treatment, and the impairment of the head's character.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of D police officer;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes governing suspect photographs;
1. Relevant Article of the Criminal Act and Articles 301 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 201);
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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to complete a program is wholly amended by Act No. 11556, Dec. 18, 2012 (hereinafter the same shall apply);
1. Special cases concerning the punishment, etc. of sexual crimes committed by the former exemption from disclosure orders and notification orders;