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(영문) 서울중앙지방법원 2017.01.20 2015고단5920
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Highest 5920]

1. On August 10, 2015, at the “D” convenience store located in Dongjak-gu Seoul around 07:40 on August 10, 2015, the Defendant forced the victim to have knife her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

“In doing so, the victim was forced to commit an indecent act on the part of the same office with the victim’s inside.”

[2016 Highest 4712]

2. At around 11:50 on June 7, 2016, the Defendant discovered that the keys to the 31 ton truck, which was parked at the entrance of the 903-dong underground parking lot, was installed at the victim G, which was parked therein, and was stolen by opening a door of the driver’s seat and driving a vehicle at the 31 ton truck, which was maintained by the victim G.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of the examination of witnesses E in this Court;

1. A written statement of the G production;

1. A protocol of seizure and a list of seizure;

1. Video CDs;

1. Application of Acts and subordinate statutes on the arrest site and photographs of damaged vehicles;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program or order to attend a course (the defendant has mental illness and thus it is difficult to expect a normal educational effect following such order

Since it is determined, there are special circumstances in which it cannot be imposed.

1. Grounds for sentencing under Article 45 (4), (2), and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Reduction of the Period for Registration of Personal Information;

1. Two types of theft in general property (general larceny).

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