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(영문) 서울동부지방법원 2015.10.15 2015고단1911
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 4, 2015, the Defendant, at around 14:00, committed indecent act by compulsion, on the main point of “E” in the operation of the victim D (n, 54 years of age) in Songpa-gu Seoul, Songpa-gu, Seoul, by drinking together with drinking, committed indecent act by force against the victim by putting the victim’s left chest on two occasions with the victim’s hand while drinking together with drinking together with drinking together with drinking.

2. The injured Defendant committed an indecent act by force against the victim as set forth in paragraph (1) at the time, place, and paragraph (1) of the same Article, and followed by “the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and “the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and the victim’s face bitch bitch son w

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition of D;

1. A medical certificate;

1. Application of field photographs and Acts and subordinate statutes on the part of an injury of a victim;

1. Article 298 of the Criminal Act and Articles 298 and 257 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. The range of final sentence due to the aggravation of multiple offenders who have no basic area (6-2 years to 2 years) of the first type (6-2 years) (the scope of recommending punishment) of the first type of the crime of indecent act by force (the person in general who is at the age of 13) and no basic area (the person in special form) of the first type (the scope of recommending punishment) [the scope of general injury] and the basic area (4-1-6 months to 1-6 months) of the first type of the injury (the person in special form) (the scope of recommending punishment] of the second class of the crime of indecent act by force: Six months to two years:

2. Circumstances that are disadvantageous to the decision of sentence: The payment of the drinking value of KRW 37,00,000, in time, engaging in an indecent act against the victim, thereby causing injury to the victim, and the injury has been recovered.

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