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(영문) 서울서부지방법원 2018.02.09 2017고단347

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On October 8, 2016, at around 04:45, the Defendant: (a) discovered the victim D (Woo, 32 years of age) who was under the influence of alcohol, frightly and walked, and approach the victim in mind of committing an indecent act against the victim; (b) concealed the victim; and (c) boarded the victim with the victim’s 108 unit elevator in which the victim resides.

In addition, the Defendant, within the elevator body, pushed his body after the victim's body, sealed his body, sealed the victim's side gate, brought the victim's chest into the victim's chest, and arrived at the 10th floor where the victim's chests are collected.

계속하여, 피고인은 엘리베이터에서 내린 후 그 옆에 있는 비상계단으로 그녀를 데려가려 다가 피해자가 완강히 저항하자, 피해자의 몸을 억지로 끌고 비상계단으로 데려가 계단에 앉힌 후 피해자 앞에 쭈그려 앉아 양손으로 피해자의 양쪽 무릎과 종아리를 쓰다듬고, 피해자의 치마 속으로 양손을 집어넣고 양쪽 허벅지를 쓰다듬는 등으로 피해자의 의사에 반하여 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Written statements of D;

1. Each CCTV image (the CCTV inside CCTV image of an elevator clearly shows the following facts: (a) the Defendant: (b) carried the victim’s body subsequent to the victim’s body, sealed the victim’s body; (c) forcedly imprisoned the victim’s chest by exposing the victim’s chest; and (d) the Defendant and the victim forced the victim to commit an indecent act by exposing the victim’s chest; and (c) the Defendant and the victim, after getting out from the elevator, forced the victim to move the victim to the non-emergency stairs.

The injured party has consistently come from the elevator in the investigative agency and this court, while his memory is difficult.