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(영문) 서울서부지방법원 2016.04.01 2015고단3304

준강제추행등

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 25, 2015, at around 10:37, the Defendant entered a soup room of “D” located in Yongsan-gu Seoul Metropolitan Government, and discovered that there was a frying room of female-only waters on five floors within the soup room.

In other words, the defendant, even though he knows that the above female-only water surface room is not accessible to men, entered the water surface room with a view to satisfying his sexual self-defense.

As a result, the Defendant intruded on the water surface room, which is a public place, for the purpose of meeting sexual desire.

2. The Defendant discovered the victim E (n, 23 years old) who was locked in the above water surface room on the same day after making soup, as described in paragraph 1, and accessed the victim, around 10:55 on the same day.

In other words, the Defendant committed an indecent act against the victim by inserting his body in the victim’s side by making use of the victim’s locked state where she was unable to resist, and by inserting the Defendant’s her bad hand toward the inside of the damaged person, and inserting the Defendant’s her bad hand into the inside of the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of video-related Acts and subordinate statutes to field CCTV storage CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Articles 299 and 298 of the Criminal Act, and selection of fines, respectively;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes with severe punishment (to the extent that the aggregate of the amounts of the punishments specified in the above two crimes)];

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

5. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, at the time of each of the crimes in this case.