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(영문) 광주지방법원 2017.04.21 2017고단374
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. Compulsory indecent acts;

A. On August 3, 2016, at the main point of “D” located in Seo-gu, Seo-gu, Gwangju on August 3, 2016, the Defendant: (a) had the victim E (name, 46 years of age) and drinking alcohol; (b) had the victim forcedly commit an indecent act against the victim; (c) had the victim pushed the victim on his/her own hand; (d) had the victim pushed his/her hand on the part of the victim; (e) had both hand collected inside the victim’s clothes; (e) had the breast panty of the victim; and (e) exceeded the victim’s panty.

B. The Defendant: (a) committed a defect in sexual intercourse with the victim at the above date, at the above time and place to other vacants located in the main place; and (b) committed an indecent act against the victim even though the victim refused to do so; (c) the victim was able to have the victim interfered with the victim’s chest, and (d) the victim was spanty by her hand, and was placed on the part of the victim on the spanty, even though she was against the victim’s refusal to commit an indecent act.

Defendant 2 committed an indecent act against the victim on two occasions as above.

2. 상해 피고인은 위 일시, 장소에서 위와 같은 범행에 대해 피해자가 항의한다는 이유로 화가 나, 손으로 피해자의 목 부위를 때려 넘어뜨리고 발로 피해자의 허벅지 부위를 1회 밟고 2회 걷어찼다.

As a result, the Defendant got the victim a scambling in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police on the victim;

1. Description of the written diagnosis of injury;

1. Application of video-related Acts and subordinate statutes to images of damaged parts;

1. Relevant Article 298 of the Criminal Act; Article 298 of the Criminal Act; Article 257 (1) of the Criminal Act; and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of an indecent act committed in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person attending a lecture becomes final and conclusive, the accused shall be

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