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(영문) 서울동부지방법원 2014.01.24 2013고단1957
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. 피해자 B에 대한 범행 피고인은 2013. 8. 2. 03:30경 서울 광진구 C에 있는 D스파랜드 홀 안에서 잠을 자는 피해자 B(여, 19세)의 왼쪽 발밑에 누워 피해자의 왼쪽 엄지발가락을 혀로 핥고, 피해자가 잠에서 깨어 돌아눕자 피해자와 이불을 같이 덮은 후 무릎으로 피해자의 엉덩이 아래쪽을 문지르고, 피해자가 다시 돌아눕자 손으로 피해자의 팔을 만졌다.

2. On August 2, 2013, around 03:40 on August 2, 2013, the Defendant, at the same place as Paragraph (1) of this Article, moved the place with the above victim B to the next side of the victim E (at least 21 years of age), and subsequently, he macked the victim’s side and macked twice.

3. On August 2, 2013, around 04:30 on August 2, 2013, the Defendant: (a) covered the victim F (or the age of 21) who was living in the same place as paragraphs 1 and 2 of this Article; and (b) obtained the victim F (or the age of 21), thereby resulting in the victim’s damage.

The Defendant committed an indecent act against the victims in Dspaland, which is a place where the general public is concentrated over a period of about one hour in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, and F;

1. Application of the Acts and subordinate statutes to video recording CDs with each investigation report and criminal records recorded;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the fact that a person appears to have the attitude of confession and reflect on a sex offense; the fact that a sex offense is the initial offender; the content of an indecent act and the degree of exercise of tangible force; occupation, family relationship, etc.);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure of Personal Information, and the grounds for suspended execution under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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