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(영문) 서울중앙지방법원 2017.02.10 2016고단7305

강제추행등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of forced indecent act is acquitted.

Reasons

Punishment of the crime

A. On April 22, 2016, from around 16 to April 16:00, the Defendant: (a) worked as the Plaintiff’s leader at the “E” registry located in Gangnam-gu Seoul, Gangnam-gu; and (b) came to the Plaintiff’s address of the Victim F (18 tax) of the E registry located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (c) came to the Plaintiff’s address through a door, which was opened without the victim’s consent.

B. On April 25, 2016, around 20:10 on April 25, 2016, the Defendant opened a corrective door of 000 of the above notified personnel G (19 years old) residing in the victim G (hereinafter referred to as “victim G”) and entered into the said door.

Accordingly, the defendant invadedd the victims' residence without permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and F;

1. A protocol concerning the examination of each police in relation to F and G;

1. Each statement;

1. Application of the Acts and subordinate statutes concerning CCTV image data-faging photographs;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act and the selection of fines for criminal facts;

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 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day) to attract a workhouse;

1. Article 59(1) of the Criminal Act (amended by Act No. 3 million won) Article 59(1) of the suspended sentence (amended by Act No. 3 million won) (the Defendant has no special criminal history, and the victims have been injured by the instant crime;

In addition, the sentence shall be suspended in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex and environment of the defendant, etc.

1. On April 26, 2016, the Defendant found out that the victim F (18 years of age) residing in the above public notice board from the main stairs of “E” located in Gangnam-gu Seoul Metropolitan Government on April 26, 2016, she smokes from the above public notice board, and read “tobacco” to the victim, thereby smoking, and making the victim take the cigarette inside the victim’s body, and repeatedly driving the victim’s body.