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(영문) 의정부지방법원 2012.11.16 2012고합331

강제추행등

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

1. On May 5, 2012, the Defendant: (a) committed indecent act by compulsion on the street, around 23:15, 2012, on the street, Macheon-si C apartment 202, 3-4, and 4; (b) took a bath to the victim D (the age of 21), and prevented the victim from returning the victim’s body behind the victim’s body after taking the victim’s body back; and (c) committed indecent act by compulsion the victim by force.

2. The Defendant suffered robbery at the same time and place, as above, when the victim, who was forced to commit an indecent act, took the face and head of the victim by drinking himself/herself so that he/she can play play, and when the victim scams the victim's face and head, and scams the above bank owned by the victim by his/her hand in order to force him/her to scam the victim's face, and scam the victim's face with his/her hand to scam the victim's face with his/her hand in order to prevent him/her from scambling the above bank, and forced the victim to take the above bank from the victim's face with his/her hand, and thereby, the victim attempted to stop it by himself/herself, and caused the victim's bodily injury to the victim and the part on the right side and the part on the left side and the part on the left side.

Summary of Evidence

1. Legal statement of witness D;

1. Each investigation report (20 pages of indecent act by compulsion, the general (20 pages of investigation records), and hearing of complaints D statements);

1. Each photograph, each CCTV photograph, and satellite photograph;

1. The application of Acts and subordinate statutes, such as a medical certificate, copy of an examination and treatment set, and opinion;

1. Article 298 of the Criminal Act and Article 337 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the option of imprisonment;

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes with the punishment heavier than the punishment (within the scope of the sum of the long-term punishments in each of the above crimes)];

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Punishment of sexual assault crimes committed to order;