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(영문) 서울중앙지방법원 2013.03.28 2012고합1740
강제추행치상등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 12, 2012, at around 06:40, the Defendant discovered the victim E (here, 31 years of age) returning home in the front of Dongjak-gu Seoul Metropolitan Government D, and subsequently committed an indecent act by force against the victim, and caused injury, such as external stress disorder, etc., which requires treatment for about two months, by preventing the victim from being injured by one hand after the victim’s own victim, etc., and by putting the victim’s hum with another hand, the playing victim humbling the victim’s humf in the front of the floor. The Defendant humbling the victim’s chest with the victim’s clothes, humf with the victim’s chest, humbing the victim’s chest, humbing the victim’s hum with the victim’s humbro, and humbing the part by one hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each suspect interrogation protocol of the accused to the prosecution and the first suspect interrogation protocol of the police;

1. Each police statement of E;

1. Each investigation report (the sequence 4 through 6, 9 through 11, 24, 25 of the evidence list);

1. Application of the Act and subordinate statutes to fact-finding inquiries and replys;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

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 consideration shall be made again for the reason of sentencing);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or order to attend a lecture;

1. The main sentence of Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under the main sentence of Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the claim.

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