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(영문) 서울동부지방법원 2013.09.26 2013고합222
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On July 7, 2013, at around 00:40, the Defendant: (a) tried to see the victim C (the 22 years of age), who was walking earlier, and (b) tried to attract the victim into his arms, and (c) tried to prevent the victim from suffering the victim with one hand, and to attract the victim's arms by taking the victim's arms in another hand; (b) but, on the other hand, tried to commit an indecent act by taking the victim's arms, the Defendant was aware of the victim's secret voice; (c) thereby, the Defendant was discovered to the victim, and thereby, the victim was able to suffer from the injury of the inside part, etc., where the victim needs to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against C;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes to the victim's body photograph and the written diagnosis of injury;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Judgment on the assertion of the accused and the defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Summary of the assertion

A. The Defendant’s remaining body cannot be divided into sobreath, and thus, the Defendant’s hand in the process of displaying the Defendant’s arms to the breath is faced with the part of the victim’s injury and the Defendant’s hand in the process. In addition, the Defendant’s hand was faced with the part of the victim’s injury, and the victim was faced with the upper part of the belbow with sound, back, and breath of the victim’s arms, and the Defendant was able to be shocked on the blue, and the victim was suffered. Thus, the injury suffered by the

B. Furthermore, the injured party’s wife is minor and thus naturally cured even without being treated separately, and there is no big impediment in daily life, and thus, injury to the injured party’s bodily injury is committed in the crime of indecent act by compulsion.

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