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(영문) 서울동부지방법원 2017.08.25 2017고단1584
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From November 23, 2015 to 00:30 on the 27th of the same month, the Defendant: (a) stated that, between Seongdong-gu Seoul Metropolitan Government apartment building C, 119-dong elevator 119 to D ( South, 35 years old), the Defendant did not know about the surrounding areas, and (b) carried the victim's body inside the Defendant's house, and (c) tried to come or attempt to come up with the victim's body part of the victim's body in hand, and (d) tried to show the victim's body part as clothes, and (e) continued to request the victim to “the victim was refused to do so, and the Defendant forced the victim to commit an indecent act, such as showing the victim's appearance of acting as a male model.

2. On January 1, 2016, around 00:10, the Defendant approach the victim E (the remaining and 28 years old), a resident of the above apartment C, before the elevator of the 119th and the 5th floor of the above apartment C, and made a false statement that “the victim has broken down at his/her house, as he/she has left his/her house,” and forced the victim to commit an indecent act by force, such as moving the victim into his/her house to the defendant’s house, and moving the victim to the defendant’s house, and making the victim sit in the shock at the place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by the police of the victims;

1. Written statements of victims;

1. Application of the statute governing text messages and Messenger communications

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting the crime, and the choice of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case is repeated, the degree of exercising tangible power is not serious, and the crime is contrary to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed on the grounds similar to the sentencing of Article 16(2).

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