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(영문) 서울북부지방법원 2018.02.09 2017고합396
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 12, 2017, the Defendant: (a) committed an indecent act by force within the main point of “E” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu; (b) around 03:00 to 03:25, the Defendant committed an indecent act by force against the victim F (V, 19 years old), who was danced at the stage of alcohol, by attracting the victim’s hand to the victim’s hand; (c) tried to be laid off from the victim’s room; and (d) the victim’s chest was cut off by hand; (d) the victim’s chest was kid with the ppuri’s hand; (e) the victim’s finger was boomed between the victim’s legs; and (e) made the victim’s dancing with the victim.

In the end, the Defendant suffered approximately two weeks of treatment from the victim F, the right side part and the complete string part, etc.

2. Special assault Defendant’s act of committing an indecent act in F at the same time, at a place as set forth in paragraph 1, was set aside by the above main employee G (20) and, as he collected, finite disease, which is a dangerous thing at that place, and finites into the finite installed at that place, and threatened “this, gins, gins, hins, hins, and following them.”

The victim G was assaulted, such as referring to “the victim’s neck at one time by hand,” and referring to “the victim’s neck.”

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to photographs of the injured part of the victim, a written diagnosis of the injured part of the victim, a investigation report (CCTV analysis), a criminal investigation report (to attach a video recording product of theCCTV), and a criminal investigation report (CCTV video verification report

1. Relevant provisions of the Criminal Act and Articles 301, 298 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 261 and 260 (1) of the Criminal Act (the point of special assault, the choice of imprisonment with prison labor) (the point of special assault, and the choice of imprisonment with prison labor);

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 (the punishment shall be aggravated within the extent that the aggregate of the long-term punishments of the above two crimes as provided for in the crime of bodily injury resulting from heavy indecent conduct);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, orders to attend lectures, and orders to provide community service sexual crimes;

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