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(영문) 인천지방법원 부천지원 2017.12.20 2017고단2500

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, a gathering of D, worked as a secretary-general in E, was aware of the Victim F (V, 47 years of age) who was employed as a public worker in the above E office.

1. On January 6, 2017, the Defendant forced indecent act committed an indecent act by force against the victim, on the part of the victim’s house located in Bupyeong-si G around 20:30, the victim called the victim before the house of the victim of the apartment building located in Seocheon-si apartment unit G, with the victim’s phone, opened the entrance door, let the victim in the apartment corridor, let the victim in both arms, let the victim in both arms, and let the victim in the face of the defendant

2. On March 4, 2017, around 15:30 on March 4, 2017, the Defendant infringed upon a residence: (a) arbitrarily entered the said apartment building, which is the victim’s residence, and opened the victim’s house windows and shocking nets in the Amart corridor; and (b) brought his head into the crime prevention window.

Accordingly, the defendant invadeds on the residence against the victim's will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor and police with respect to F;

1. Application of the Acts and subordinate statutes to photographs by cutting H photographs, recording records, and CCTV caps;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, Article 298 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions in light of the following circumstances and the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., under Article 16 (2) through (4) of the Act on Special Cases concerning the observation of protection, community service order and the Punishment, etc. of Sexual Crimes, shall be determined as the same sentence as the order.

- 피고인은 피해 자가 거부의사를 명백히 표현함에도 상당한 기간 동안 피해자의 주위를 맴돌며 판시와 같은 범행을 하였다.

- The victim duplicated sexual humiliation, aversion, insult, and fear.

Family members of the victim feel fear.

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