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(영문) 인천지방법원 부천지원 2015.11.11 2015고단2357

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. At around 23:00 on January 5, 2012, the Defendant entering a structure, which is a building managed at D main points located in the 1st floor of the building, Yacheon-gu, Yacheon-gu, Yacheon-gu, Seoul, in order to see the appearance of many unspecified women in the toilets for the common use of men and women, E (the age of 31) and F (the age of 28) enter the uribu, thereby impairing the mobile phone lighting from the partitions above, and breaking it down.

2. On November 30, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence in public places) and the Defendant committed indecent act by compulsion by force on November 30, 2014, at around 10:00, the victim H (22 years of age) went into the public toilets for the purpose of meeting the sexual desire by putting the appearance of many unspecified women in the first floor of Mapo-gu Seoul Metropolitan Government GG Building in mind, with a view to provokinging off the appearance of the female toilets, and putting the victim into the public toilets for the purpose of meeting the sexual desire by admitting the above female toilets, and putting the victim into the public toilets for the purpose of having the victim h (22 years of age) kick with a door, and committing indecent act by force by making the victim a part of his hand only once.

3. On May 27, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places for sexual purpose) committed an intrusion on public toilets for the purpose of having an unspecified number of women seeing the appearance of the appearance in the same place as indicated in paragraph (2) at around 00:05 on May 27, 2015, by entering the said women’s toilet, with an intention to satisfy the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and H;

1. Application of the Acts and subordinate statutes indicating the criminal place

1. Relevant legal provisions concerning the crime, Article 319(1) of the Criminal Act on the selection of punishment, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

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. Social service or an order to attend a lecture: