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(영문) 의정부지방법원 고양지원 2015.03.20 2014고합283
강제추행상해
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 30, 2014, at around 01:00, the Defendant d (the age of 25) sent to the victim, who returned home from the after apartment in front of the C apartment in the Pakistan-si, the contact information was known, and the victim d (the age of 25). However, when the victim refused it, the victim dumpededdddddddddddddddddddddddddddddddded

When the victim was shouldered and resisted by the defendant, the defendant shouldered the victim's entrance, and used the victim's hair on one occasion with the hand floor, and stated in the written indictment "the victim's hair was used on the floor at two times by drinking the victim's hair, and walked one time by walking the victim's bucks." However, the above facts are acknowledged.

Around two weeks of medical treatment for the victim suffered injury, such as a small and medium pellet dyke, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of CCTV image and diagnostic document-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant is an initial criminal who has no record of criminal punishment, and is aware of and against his/her mistake. In addition, the victim agreed to compensate the victim for the damage. In full view of the developments of the instant case, the risk of recidivism, the benefits and effects expected by the Disclosure Order or Notification Order, the disadvantages and side effects therefrom, etc., the Defendant’s personal information shall not be disclosed or notified.”

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