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(영문) 서울중앙지방법원 2012.09.27 2012고합862

강제추행치상등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The prosecution against the injury caused by indecent act among the facts charged of this case is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On November 12, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Central District Court on November 12, 201 and completed the execution of the sentence on August 21, 201.

【Criminal Facts】

1. Damage to each property and intrusion upon each property of the victim C;

A. On March 2012, 2012, the Defendant: (a) 01:00 early March 2012, the Defendant: (b) 201:0, she took a bath to the victim under the influence of alcohol in the room of the victim C of Jongno-gu Seoul Jongno Building 205; (c) laid the electric stove in the cremation room; and (d) destroyed the cosmetics that were placed on the stove and cremation belt at the market price of the victim’s ownership.

B. On June 13, 2012, the Defendant: (a) caused property damage and intrusion on residence on June 13, 2012; (b) around 01:30 on June 13, 2012, the Defendant was under the influence of alcohol in front of the victim C’s room of the said D building, and opened a visit to the victim while taking a bath; (c) however, the victim was willing not to open the visit; (d) the victim was able to damage the property of the victim by generating the said visit on the market price; and (e) invaded the victim’s residence by entering the victim’s room through the gate.

2. Indecent acts by force against victims E and damage to property;

A. On February 17, 2012, the Defendant: (a) committed indecent act by compulsion at the G store operated by the victim E (F) located in Jung-gu Seoul, Jung-gu; (b) on February 17, 2012, the Defendant forced the victim to commit an indecent act by force by putting the victim’s left chest in his/her hands while drunk.

B. On March 15:30, 2012, the Defendant: (a) destroyed the property damage by breaking a brush to the victim under the influence of alcohol in front of the said G stores operated by the victim E; (b) and (c) destroying a brush with a tool brush equivalent to KRW 30,000,000, the market price of the victim’s possession.

3. The Defendant uses assault against the Victim H on March 2012, the victim is under the influence of alcohol in front of the J store operated by the Victim H (Age 49) located in Jung-gu Seoul, Jung-gu, Seoul at around 15:00, while under the influence of alcohol.