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(영문) 전주지방법원 2013.11.01 2013고합153
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
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

1. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Victim C (special indecent act by compulsion) at night, carried a string, white lock, bags, and examination-style vinyl paper in a temporary space with the mind of committing the crime against women returning home late at night.

On June 6, 2013, at around 00:05, the Defendant discovered the victim C (the age of 23) at the bus stops near the E-middle School located in Seojin-gu, Seoul Special Metropolitan City on June 6, 2013, and followed up about 200 meters to approximately 200 meters, the Defendant 2nd floor stairs of the F apartment 2nd floor. On the back of the victim et al., the Defendant her left hand, which is an object dangerous to prevent the victim from being harming the victim with his/her hand (the degree of 21cm in length) and her knife the victim’s knife, and did not resist the victim’s knife the victim’s knife with his/her hand, and met the part of the victim’s knife.

Accordingly, the defendant committed an indecent act on the part of the victim with dangerous things.

2. Around 00:25 on the same day as indicated in paragraph (1), the Defendant discovered the victim G (influence, 19 years of age) from the front side of the H Apartment-gu Hodong-gu Seoul Metropolitan City H apartment, and concealed it in the above apartment parking lot. Around 00:25, the Defendant: (a) caused the victim G to resist the victim G by stating that the victim’s chest (the degree of 21 cm in total length) is a dangerous thing that is prone to the victim’s left hand, such as the victim, who was walking on the front side of the above apartment, and was proneed to the victim’s left hand; (b) prevented the victim from resisting the victim by stating that “I will live well if the horses move well”; and (c) sealed the victim’s chest into the bucker of the victim’s buck.

Accordingly, the defendant committed indecent acts by force against the victim with dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1. Statement of each police statement related to C and G;

1. Each complaint filed by C and G;

1. The photograph of CCTV at the scene at the time of the crime of each investigation report;

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