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(영문) 서울중앙지방법원 2016.11.04 2016고단3188

강제추행

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

Punishment of the crime

The defendant is the owner of the Ctel in Seoul Special Metropolitan City, and the victim D (n, 56 years of age) was cleaning the stairs of the above Ctel from April 1, 2015 to every demand date.

The defendant had a mind to commit an indecent act against the victim by impairing the gap in cleaning the victim D.

1. On October 2015, the Defendant: (a) accessed the victim who was cleaning in the stairs of the sixth floor of the instant officetel at around 10:00 on a mid-term demand on October 10, 2015; (b) “Amoping, Emoping, Emoping, Emoping, Emoping, and Amoping,” which read “Amoping, Emoping, Emoping, Amoping, and Bir

2. On December 2015, the Defendant: (a) accessed the victim who was cleaning on the instant officetel at around 10:00 on the mid-to-served demand date; and (b) handed down the person who called “cleaning,” and forced the victim to enter the victim’s body, and then forced the victim’s inflow.

3. On December 12, 2015, the Defendant: (a) accessed the victim, who was cleaning in the stairs of the sixth floor of the instant officetel at around 10:00 on the lower demand on December 2015, the Defendant: (b) committed indecent act by force by entering the victim’s 6th floor of the instant officetel, namely, “Isman. I live in frozen area. Isn, Isn, Isn’s kn’s kn’s kn’s kn’s kn’s hand

4. On January 20, 2016, the Defendant: (a) 10:30 on January 20, 2016, she mashed with the victim being cleaned from the stairs of the sixth floor of the instant officetel building; and (b) she saw the victim’s body from the rear side of the instant victim, and she kidddds the victim’s body toward his/her hand, and her hand towards the part on the part of the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Five million won shall be paid to the victim under Article 62 (1) of the Criminal Act suspended execution;