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(영문) 창원지방법원 통영지원 2012.09.13 2012고합4
강제추행상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Disclosure and notification of information on the accused for three years.

Reasons

Punishment of the crime

On August 27, 2010, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Changwon District Court’s territorial branch on September 20, 2010, and the execution of the sentence was terminated on September 20, 2010.

1. Around October 23, 2011, the Defendant ordered alcohol, alcohol, etc. equivalent to KRW 360,000,000 in the market price from the E-ju store operated by the victim D at macro-si (C) on October 23, 2011.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.

As above, the Defendant deceptioned the victim, and was provided by the victim with alcohol and alcohol equivalent to 3.60,000 won at the market price in the same place.

2. The Defendant, in the event of an indecent act by compulsion, committed an indecent act by compulsion, at the time and place indicated in paragraph (1), and at the same time, under the influence of alcohol and lack the ability to discern things or make decisions, the Defendant called the victim D (the age of 51) to leave the two vehicles, but the Defendant refused to do so, saying, “I do not want to do so even if I do so if I do not know another person, I do not want to do so even if I do so),” and held the victim’s chest with the left hand and forced him to commit an indecent act by force. The Defendant sawd the victim’s hair by force, while having a sound, and caused the victim to commit an indecent act by force five times the victim’s hair with a defective hand.

As a result, the Defendant committed an indecent act by force against the victim, thereby causing injury to the victim, such as a druplicative ruplicative wife for about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police officers and prosecutor's protocol of statement concerning D;

1. Invoice;

1. On-site photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to computer inquiry request, investigation report (Attachment to a copy of the judgment), investigation report (verification report on the date of release);

1. Relevant Articles 347(1) and 301 and 298 of the Criminal Act concerning the crime, the applicable Articles of the Criminal Act, the choice of punishment (Fraud, the choice of imprisonment), and the choice of limited imprisonment;

1. The Criminal Act among repeated crimes;

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