(영문) 서울남부지방법원 2012.12.27 2012고합719

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(영문) 서울남부지방법원 2012.12.27 2012고합719

강제추행치상등

Text

A defendant shall be punished by imprisonment for not less than one year 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. At around 04:30 on August 31, 2012, the Defendant, under the influence of alcohol, she saw the victim E (here, 19 years of age) at the front of Gangseo-gu Seoul Metropolitan Government D, and she saw the victim’s sexual intercourse to commit an indecent act against the victim, and then she saw the victim “Imson’s words,” and she found the victim’s cell phone with the victim’s answer that “the victim was in the process of finding his/her cellphone.” On the other hand, the Defendant she saw the victim into the victim’s cell phone by gathering his/her hand on several occasions, and she frighted the victim’s chest with his/her secret, she frighted the Defendant’s hand, and went beyond the boundary of the victim’s seat.

The Defendant continued to put the victim's fingers into the bucker of the victim's bucks, and bucks the victim's chests in several times, and bucks and bucks of the victim's bucks, which led the victim to force the victim by force by force.

2. At around 04:45 on August 31, 2012, the Defendant assaulted the victim’s face on several occasions at the same place, where the victim F discovered the Defendant’s existence of indecent act by compulsion as above, and attempted to restrain the Defendant, and the victim expressed the victim’s desire to “I see.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence 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 indecent act by compulsion with heavier punishment) among concurrent crimes;

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

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