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(영문) 서울동부지방법원 2014.10.24 2013고단2982
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On August 29, 2013, the Defendant: (a) committed indecent act by compulsion on the part of the victim D (V) who was under the influence of alcohol in front of the department store C in Songpa-gu Seoul, and was under the influence of alcohol in front of the department store C in Songpa-gu, Seoul; and (b) was committed by indecent act by force on the part of the victim, who was under the influence of alcohol in front of the department store C, by a method of spreading the victim into the floor of hand from the

2. The Defendant, at the time, at the time, at the time, and at the place specified in paragraph (1) above, assaulted the victim E (the victim E (the age 22) by putting the victim a knife against the knife and knife, using the knife knife knife, making the victim knife knife knife with his knife, and making the victim knife knife with his knife with his knife and knife with his knife with his knife,

Summary of Evidence

1. Each police statement of E and D;

1. Each statement of E and D;

1. The defendant's photograph (the defendant did not commit an indecent act or assault against the victims. However, according to the evidence of the above evidence, the defendant's assertion is not accepted since the defendant's indecent act or assault against the victims was sufficiently recognized as stated in the facts charged. Thus, the defendant's above assertion is not accepted).

1. Relevant Article 298 of the Criminal Act and Articles 298 and 260 (1) of the Criminal Act and the choice of imprisonment for a 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. Crimes falling under Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Probation and Order to Attend Training, and Article 62-2 of the Criminal Act [the scope of recommending punishment]: The basic area (six months to two years of imprisonment] (special multiple persons] (the scope of recommending punishment): The basic area (two months to ten months of imprisonment) of crimes without prison labor) in the first category (subject to the age of thirteen) of the crime of indecent act by force (subject to the age of thirteen): The scope of final sentence resulting from the aggravated punishment of multiple crimes: Six months to two years; the basic area (the scope of recommending punishment): The basic area (the general violence) of crimes (the period of two months to ten months of imprisonment) in the first category of crimes (the special penal person): The scope of imprisonment with prison labor for six months: the extent of

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