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(영문) 제주지방법원 2012.09.27 2012고합178
강제추행치상
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 17, 2012, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment by the Jeju District Court for a violation of the Road Traffic Act, etc., and the said judgment became final and conclusive on May 25, 2012.

On February 29, 2012, the Defendant: (a) around 01:50, the victim D (n, 47 years of age) located in Jeju-si, Jeju-si; (b) the last customer, other than the Defendant, went out of the main room, and the Defendant and the victim were left, and (c) the victim, who arranged the account books, Daced the victim personally, Daced the victim; (d) the victim, who seeks to get out of the main room, was laid off on the table by spreading the table, booming the victim’s body on the table; (b) the victim’s body was divided into arms; (c) the victim’s chest was detained by the rest hand; and (d) the victim committed an indecent act by coercioning the victim’s chest; and (e) the victim suffered damage to the character of the head part necessary for two weeks’ treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A criminal investigation report (statement E) and an investigation report (to hear and report the statements of shootings);

1. A written diagnosis of injury;

1. Previous records: Application of inquiries, such as criminal records, etc. and investigation reports (report on the confirmation of related cases by a suspect) and Acts and subordinate statutes;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following 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 Social Service and Order to Attend Courses;

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

1. The accused and his defense counsel under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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