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(영문) 대전지방법원 홍성지원 2014.03.27 2013고합86
강제추행치상등
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

1. On September 29, 2013, the Defendant: (a) committed an indecent act by compulsion; (b) committed an indecent act by compulsion by force against the victim by putting the victim’s breast at the victim’s seat located in Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun (hereinafter referred to as the “victim”) seated in the same location as the victim; and (c) putting the victim’s breast at the victim’s seat and drinking alcohol on the same location as that of the victim; and (d) by getting the victim’s hand back to the victim’s hand, the Defendant sustained the victim’s injury, such as the part of the el part of the elbane requiring treatment for about two weeks.

2. The Defendant, who was under contact D at the time and place specified in Paragraph 1, was assaulted by the victim F (53 years of age) by locating the Defendant out of the E-ju store, and by breaking the flaps of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

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

1. Application of Acts and subordinate statutes to the medical certificate of injury prepared by a doctor I;

1. Indecent acts by force against a crime by force: Articles 301 and 298 of the Criminal Act: Article 260 (1) of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes to the extent that the punishment is aggregated with the long-term punishment of the crime of bodily injury resulting from serious indecent act by compulsion);

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) proviso and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have any history of sex offense against the Defendant, and the Defendant appears to have committed the instant crime contingently.

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