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(영문) 서울중앙지방법원 2013.04.11 2013고합120
강제추행치상등
Text

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

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

Reasons

Punishment of the crime

1. Around 23:20 on August 18, 201, the Defendant: (a) 23:20 on the part of the victim’s house located in Gangnam-gu Seoul, the victim D (n, 28 years of age) who seeks to open a door door in front of the entrance of the victim’s house located in Gangnam-gu Seoul; (b) knee knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne knes the victim’s body; (c) kne kne kne kne kne kne knes the victim’s resistance; and (d) kn kne kn kn

2. In light of the above time and time, the Defendant was faced with a scarcity that had escaped from the scene of the crime, and the body part of the victim E (the age of 53) where the Defendant was trying to escape from the scene of the crime, thereby damaging the victim beyond the next victim, and led the victim to a scarcity of a scarcity that requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Articles 301, 298, and 257 (1) of the Criminal Act concerning the crime in question, the applicable provision of the Criminal Act, the choice of punishment by force, and the choice of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments prescribed in the crime of bodily injury resulting from heavy indecent act by force) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62-2 of the Criminal Act; Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The provision of the main sentence of Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Public Order (limited to the bodily injury resulting from indecent act by force stipulated in paragraph (1) on the market)

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