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(영문) 서울남부지방법원 2017.09.15 2017고단4003
강제추행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 26, 2017, around 20:00, the Defendant’s forced indecent act found the victim G (a person, her son, her son, her son, her son, her son, her son) who is his son’s care in front of the operation of Yangcheon-gu Seoul, Yangcheon-gu Seoul, and her knifely her quickly in the flab, and committed an indecent act against the victim’s right knife with his knife with his knife.

2. On the day referred to in the preceding paragraph, at around 20:10, the injured Defendant was in front of the exit of one person in front of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the victim E (Woo, 48 years old) who was aware of the activities referred to in the preceding paragraph and driven by the Defendant, and her her her her her her her her

“The victim’s head was taken twice by drinking at the victim’s request and the victim’s face was taken once.

Accordingly, as G spaw off the defendant, the defendant was spawed to spawn in G, and this victim spawndd off the defendant's right hand with his left hand to spawn the victim's right hand, with the aim of removing the victim's hand, the defendant spawned the victim's right hand.

As a result, the defendant suffered injury to the victim by the closure of the fourth stop frame that requires treatment for about 35 days on the left side.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, E, and H;

1. A police investigation report (related to CCTV on-site) and video images;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1 Scope of sentence of individual crimes 1) The crime of forced indecent conduct (basic crime) / the scope of punishment / the crime of forced indecent conduct (subject to at least 13 years of age) 1 (general indecent conduct) / the mitigated area (one to one year).

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