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(영문) 인천지방법원 2014.08.13 2014고단1522

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, at around 00:10 on December 20, 2013, committed indecent act by compulsion, the Defendant committed an indecent act by force against the victim by inserting her fingers into the clothes of the victim F (n.e., age 21) through a smartphone hosting cam in the “Esing room” located on the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the second floor. The Defendant committed an indecent act against the victim by forcing the victim to her her hand by making the victim’s her s/ her s/ her s/ her her s/ hers/ her her s/ hers/ her chest

2. 상해 피고인은 2013. 12. 20. 01:00경 인천 부평구 D, 2층에 있는 'E 노래방' 입구 계단에서, 피고인을 피해 집으로 가려는 피해자를 발견하고 "노래방에 내 가방을 뒀으니 다시 들어가자, 앞장서“라고 말하면서 피해자가 매고 있던 가방을 잡아 당겨 피해자를 넘어뜨리고, 이어서 일어서는 피해자의 팔을 잡아 끌어당겨 다시 넘어뜨려 피해자에게 약 3주간의 치료를 요하는 요추의 염좌 및 긴장 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness G;

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

1. Article 298 of the Criminal Act and Article 257 (1) of the Criminal Act concerning the relevant criminal facts, the choice of a penalty: The choice of imprisonment with prison labor; or

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Where a conviction of a defendant against a sex offense subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, and result of exemption from disclosure or notification order.