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(영문) 청주지방법원 2013.10.25 2012고합239
강제추행치상등
Text

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

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

Reasons

Criminal facts

1. Around 07:00 on July 11, 2012, the Defendant suffered from indecent act by compulsion: (a) discovered the victim E (n) emitted from the “D convenience store” located in Heungdong-gu, Chungcheongnam-gu; and (b) followed; (c) came into the stairs of the first floor of G building, preventing the victim from being injured by one hand after the victim himself/herself; (d) put the remainder into the inside of the victim’s inner part; and (e) continuously put the chest into the victim’s inner part; and (e) put the chest into the inner part of the victim’s upper part of the building, the Defendant continued to put the finger into the inside

As such, the Defendant forced the victim to commit an indecent act, and thereby, caused the victim to suffer the loss of saws that need to be treated for about two weeks of medical treatment.

2. A thief, the Defendant discovered that I would be mixed with the victim before the elevator of the first floor of the HHHA, and prevented him from being mixed with the victim, following the victim himself/herself, at the same time and time as the above paragraph (1) of the same Article, cut off the right of the victim’s market value equivalent to KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and I;

1. Complaint;

1. Photographs description, damage report, and photograph;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a seal of a victim);

1. Relevant Articles 298 and 301 of the Criminal Act concerning the crime, the choice of punishment, and Article 329 of the Criminal Act concerning the punishment;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishments of the crimes of bodily injury resulting from heavy indecent acts)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same)

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