beta
(영문) 서울서부지방법원 2013.10.02 2013고단1220

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On April 26, 2013, the Defendant committed an indecent act by compulsion on April 26, 2013, by compulsion: (a) around 23:40 on April 26, 2013, the Defendant entered the clothes repair house operated by the victim D (n, 52 years of age) in Eunpyeong-gu Seoul Metropolitan Government; (b) made the victim’s her am, her chest, her chest, and her son’s arms, and forced the victim’s her arms by her hand; and (c) committed an indecent act by force against the victim by inserting his her son into the clothes of the victim.

2. On May 2, 2013, the Defendant, at around 21:00 on May 2, 2013, entered the place under the foregoing paragraph (1) and forced the victim to use both arms, and used the victim to use them by force again, and committed an indecent act by force against the victim by force over five times.

3. On July 10, 2013, around 22:15, 2013, the Defendant, in the “E” store operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government, entered into the victim’s place for the purpose of resisting the victim to be arrested for the charge of indecent act by force against the victim and under investigation.

피고인은 피해자에게 ‘나는 법원에 갔다 왔는데 네년은 왜 안 왔느냐, 네가 그렇게 빽이 좋냐, 씨팔 년아 개 같은 년아, 개 같은 소리하지 마라’는 등 욕설을 하고 소란을 피워 피해자로부터 10회 이상 가게에서 나가달라는 요구를 받았다.

However, the defendant does not comply with it and does not leave the police station until the police station dispatched by the report of the victim at around 22:45 on the same day, and therefore leave the victim without justifiable reasons.

The Gu refused to comply with the Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, G, and H;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Articles 298 and 319 (2) and (1) of the Criminal Act concerning the facts constituting an offense.

1. Where this judgment becomes final and conclusive among concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;