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(영문) 의정부지방법원 2015.01.15 2014고합244
강도상해등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On October 18, 2012, the Defendant was sentenced to a suspended sentence of two years and six months, for an injury by robbery, in the pure support of the Gwangju District Court, and such sentence becomes final and conclusive on October 26, 2012, and is currently under suspended sentence.

1. On July 6, 2014, the Defendant committed indecent act by compulsion: (a) around 04:35, the Defendant: (b) discovered the victim C (here, 31 years old); (c) was willing to commit indecent act by compulsion; (d) the victim was frightened to commit indecent act by force; (d) the victim was frightened from the back of the victim; (e) the victim was frightened; and (e) the victim was frightened by force; and (e) the victim was 30 seconds of her chests, both of which were 30 seconds.

2. The Defendant suffered from robbery, at the time and place set forth in paragraph (1), by compulsiond the victim at the time and place, and as mentioned above, in order to take the victim's room behind the victim, and cut the victim's room behind him, and her knee and knee in the left-hand side which requires treatment for about two weeks, and let the victim her knee and knee in order to let the victim take another room that the victim gets up to 10 meters from the victim's side, when she she gets up against her resistance, then she she let the victim take up the room in an amount of KRW 1.90,00,00 in total of the market price of the victim's possession.

Summary of Evidence

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. Police seizure records;

1. A medical certificate;

1. Investigation report (with respect to attachment to a suspect's specific description, CCTV image records, or drinking of a suspect);

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports (Attachment of judgment of suspension of execution of sentence, etc.);

1. Relevant Articles of the Criminal Act and Articles 337 and 298 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes of robbery and injury resulting from heavy robbery]

1. Article 53 of the Criminal Act for discretionary mitigation.

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