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(영문) 서울동부지방법원 2013.06.27 2013고합124
강제추행치상
Text

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

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 18, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the same year.

20. The above judgment becomes final and conclusive and is currently in the grace period;

At around 14:00 on April 26, 2013, the Defendant forced the victim to commit an indecent act by drinking the victim E (the 73 years of age) in Gwangjin-gu Seoul Special Metropolitan City, stating that the victim “I am on the part of a locking gun,” and forced the victim into the room, and forced the victim into the room, and knee and knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne.

Summary of Evidence

1. The defendant's partial statement; 1. The witness E's legal statement;

1. On-site photographing photographs;

1. Statement of opinion;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, previous records of disposition and report on results of confirmation (74 pages of investigation records);

1. Article 301 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 298 of the Criminal Act regarding criminal facts;

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. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (wholly amended by Act No. 11556, Dec. 18, 2012)

1. Article 37(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) subject to an disclosure order

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012)

1. The summary of the argument is that the defendant knee and knee knee kne.

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