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(영문) 서울서부지방법원 2015.03.30 2014고단2297
폭행등
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. Around 01:00 on May 25, 2014, the Defendant: (a) at “Dju store” located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul, for drinking alcohol together with the victim E (the 45 years of age) who is a neighboring resident; (b) was a trial expense on the ground that the victim’s horse breath under the influence of drinking alcohol is bad; (c) was frightened on the floor of the victim’s breath by hand; and (d) was frightened on the part of the victim’s head and body frighting back to the upper part of the victim’s head and body frighting back to the upper part of the victim’s body.

2. The Defendant, at the same time and place of indecent act by compulsion, committed indecent act by compulsion against the victim by talking the victim’s desire to “this year shall tear the view.” The Defendant committed indecent act by force on the part of the victim’s sound part of the floor, which led to leakage of the Defendant’s sexual organ.

Summary of Evidence

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

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Article 260 (1) and Article 298 of the Criminal Act applicable to the crime;

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. If a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration and the registration of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of crime, disclosure order or notification order of personal information disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the defendant's age, occupation, risk of recidivism, motive, method of crime, seriousness of crime, disclosure order or notification order, and prevention and notification order of sexual crimes subject to

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