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(영문) 서울서부지방법원 2013.11.06 2013고단1367
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 15, 2013, the Defendant and the victim C (n, 37 years of age) moved in the taxi together with the victim's house located in Eunpyeong-gu Seoul Metropolitan City, as the first met space from the Datadong-gu, Goyang-si around 03:30 on February 15, 2013, up to the front of the victim's house in Eunpyeong-gu, Seoul.

1. The Defendant, at around 04:40 on February 15, 2013, committed indecent acts by compulsion, by force, the Defendant forced the victim to commit indecent acts by demanding the victim, who wishes to enter a house, to drink alcohol at a nearby drinking house, by cutting off the victim’s neck, intending to kis the victim’s face, kis the victim’s kis, and talking the victim’s chest.

2. At around 04:50 on the same day, the Defendant sustained injury on the part of the victim who was in the vicinity of the victim’s house and continued to drink alcohol in a nearby drinking house. However, the victim refused it and recommended the Defendant to go on the house, thereby breaking the victim’s defects intending to board a taxi over the smuggling floor, thereby causing approximately 112 days of pulverization.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F and G;

1. A copy of a medical certificate of injury, account statement of hospitalization expenses, X-ray photographic data, and medical record;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 298, 262, 260 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Where a judgment on the registration of personal information under Article 62-2 of the Criminal Act on Probation becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency under

However, the disclosure order and notification order of the registered information shall be the tendency of the defendant's non-speaking (not high possibility of re-speaking).

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