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(영문) 서울북부지방법원 2016.09.09 2016고합337
추행약취등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is the owner of the Dom520 vehicle, who does not have a fixed residence while staying in his/her own vehicle when he/she received daily allowances from the Chinese office and delivered them.

1. On June 1, 2016, at around 02:43, the Defendant: (a) discovered the victim F (one, the name, the age of 36) who was frighted in the roadside E-gu, Seoul, and was frightened on the street; (b) attempted to commit an indecent act by force against the victim on the Defendant’s D vehicle; and (c) led the Defendant’s establishment by forcing the victim to fright at the H entrance located in the Jung-gu, Seoul, Jung-gu. on the same day, around 02:50.

Accordingly, the defendant kidnapped the victim for the purpose of indecent act.

2. Compulsory indecent acts;

A. On June 1, 2016, the Defendant committed a crime at around 02:43, on the same date and time as that of the above paragraph (1), and at a place where the victim was aboard the Defendant’s vehicle, and committed an indecent act by force against the victim by making the victim take part in the victim’s chest on several occasions.

B. On June 1, 2016, the Defendant: (a) arrived at the H entrance in Jung-gu Seoul Metropolitan Government on the same day, around 02:50 on the same day; (b) laid down the victim's interest behind him/her; and (c) moved the victim's seat to the victim's seat; and (d) the victim shall have discussed the victim.

And the out-of-road floor was laid down by the vehicle.

The Defendant accessed the victim who she was living on the floor and brought about the victim to her own interest. The Defendant she sleeped her her butt and her sexual organ, and brought about the victim's hand to her with his/her fingers.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement with respect to F;

1. Application of the Acts and subordinate statutes described in the internal report (in the investigation ofCCTV);

1. Relevant provisions of the Criminal Act concerning the crime, Article 288(1) of the Criminal Act that provides for the choice of punishment (the purpose of abduction) and Article 298 of the Criminal Act (the point of forceful indecent act and the choice of imprisonment);

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the crime of kidnapping in which punishment is the largest) is aggravated for concurrent crimes;

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