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(영문) 서울남부지방법원 2017.05.12 2017고합106
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On March 1, 2017, at around 00:30, the Defendant discovered the victim E (nive, 22 years of age) standing alone in the vicinity of the Gangseo-gu Seoul Metropolitan Government D market, followed up about 500 meters in mind to commit an indecent act. On the same day, the Defendant confirmed that there was no person around the surrounding area at around 00:40, the Defendant confirmed that there was no person, and subsequently prevented the Defendant from leaving the name of the victim due to left hand.

Since then, the Defendant committed an indecent act on the part of the victim by forcing him to commit an indecent act, such as knee, etc., which requires approximately two weeks of medical treatment to the victim in the process of committing an indecent act on the part of the victim, while intending to keep the victim back again by putting his body fright together with the floor, intending to leave his body fright together with the floor, and intending to hold the chest back by placing his hand on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A written diagnosis of injury;

1. Photographss of victims, CCTV-faging photographs and clothes of victims;

1. Application of Acts and subordinate statutes to screen pictures by reporting police investigations (reports on comprehensive investigation of CCTV for suspects in each time zone), moving routes, and by capturing CCTVs;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of committing the same kind of crime, and thus, risk of recidivism or recidivism of sexual assault as he/she has no record of committing the same crime;

It is difficult to conclude, registering personal information of the defendant, and sexual violence.

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