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(영문) 서울북부지방법원 2018.02.09 2017고합364

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On May 7, 2017, the Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against intrusion on residence) at the “E” teahouse operated by the victim D (n, 38 years of age) located in Dobong-gu Seoul Metropolitan Government, by opening a gate where no corrective device is installed, and intrudes into the tea house. After discovering the victim’s phone, the victim discovered that the victim was in telephone at the mixed home page, the Defendant committed an indecent act by putting the victim’s chest over the floor of the room connected to the kitchen, and putting the victim’s chest by driving the victim’s chest on his hand.

2. From January 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of intrusion on residence) reached the victim G (n, 49 years old) located in the Gangnam-gu Seoul Metropolitan Government (n, n, n, n, n)’s house of “H” which was operated by the Defendant, and opened an entrance without a corrective device and intrudes into the teahouse house, and found the victim under the influence of alcohol, the Defendant was able to commit an indecent act against the victim, leading the victim to commit an indecent act on the part of his/her hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. The application of Acts and subordinate statutes to the 112 Report Processing Schedule, report on internal investigation (videos and photographs of the scene of the crime) and investigation results, report on the investigation results (the securing of additional victims (H tea houses and photographs of the scene), investigation report (to listen to statements by the victim's telephone);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act, Articles 319(1) and 299 of the Criminal Act, and Articles 319(1) and 299 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Imprisonment with prison labor for each limited term;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.