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(영문) 수원지방법원 성남지원 2016.06.02 2015고합126

강제추행등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2014, the Defendant unilaterally used the “E cafeteria” located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sung-gu, Seoul, for the victim C (Y, 51 years of age) through a middle and middle holiday, and led the victim to unilaterally read the “E cafeteria” and “n’t.e., the victim.

1. On October 2014, the Defendant committed an indecent act by force: (a) on the part of the Defendant, the Defendant: (b) laid the victim in front of the said restaurant; (c) opened the victim’s shoulder, buckbucks, and the part of the chest from the left side to the right side; (d) opened the victim’s walked in the kitchen passage; (c) opened the victim’s chest on his/her breast; and (d) opened the victim’s chest on his/her hand, she pushed the victim’s chest on his/her breast; and (d) opened the victim’s knick with his/her son, her knick with his/her knick, and knick on the part of the victim; and (e) committed an indecent act by compulsioning the victim’s knick with his/her knick, with his/her knick, and knick with his/her knick.

2. The Defendant attempted rape, at around 02:00 on November 1, 2014, entered the victim’s house located F in Seongbuk-gu, Sungnam-gu, Sungnam-si, with a locking and open door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up the victim’s breast door door door door door door door door door up to the victim’s body, and attempted to remove the victim’s breast door door up up up to the victim’s body, and attempted to put the Defendant’s sexual organ into the victim’s clothes, but failed to bring it out.

Summary of Evidence

1. Entry of the defendant in part in the fourth public trial record;

1. Statement made by the injured party in the second public trial records and by the witness G in the third public trial records;

1. Statement made by the police with H;

1. Investigation report (the statement by the witness I on the excursion ship);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 300, 297 of the Criminal Act (the points of attempted rape) and Article 298 of the Criminal Act (the point of forced indecent conduct and the choice of imprisonment);

1. Articles 25(2) and 55(1)3 of the Criminal Act (an attempted rape) of the Criminal Act.