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(영문) 제주지방법원 2014.04.16 2013고단1738
상해등
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

1. In September 2013, the Defendant: (a) committed indecent act by compulsion, by force, that the Defendant continued to kis down the victim’s chest while holding the victim D (at the age of 20) who is a part of the Defendant’s new wall (at the age of 20) in front of the victim’s home in Jeju; (b) in front of the victim’s home in E, the victim was kis the victim after the victim was kis; and (c) the Defendant was pushed the victim by hand while the victim did not want to do so; and (d) the Defendant was kising the victim by hand, the Defendant continued to have kis even kis, and committed an indecent act by force.

2. On September 16, 2013, the Defendant attempted to commit indecent act by compulsion: (a) around 02:00, on the road front of the F building at Jeju; (b) as described in paragraph (1); (c) was carrying the victim on board the vehicle; (d) was trying to display the victim’s body, but the Defendant did not have the intent to have the victim’s body frightened and strongly refused to do so.

3. At around 02:30 on September 19, 2013, the Defendant: (a) heard that the victim I (22 years of age) of the male-friendly arrest victim D was indecently committed against the Defendant from D; (b) heard that the victim I (22 years of age) was indecently committed against the Defendant; (c) made the Defendant’s humping by telephone; and (d) considering the victim’s face by drinking and drinking, the Defendant had the victim undergo approximately four weeks of treatment.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each statement of witness D and I;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act, Article 257 (1) of the Criminal Act and the choice of imprisonment for life;

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. The fact that the defendant denies the crime and commits an indecent act by compulsion on the grounds of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the attempted indecent act by compulsion.

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