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(영문) 서울동부지방법원 2017.04.28 2016고단1064
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On March 14, 2014, at the rest room located on the 41st floor of the Gangnam-gu Seoul Metropolitan Government D building on March 14, 2014, the Defendant: (a) had the intent to forcibly commit an indecent act against the victim E (at the age of 61) who seeks to enter and leave clothes; (b) had the victim interfered with the victim’s knife by blocking the victim; and (c) had the victim knife his hand into the part of the victim; (d) had the victim knife and resist the Defendant’s hand; and (e) had the victim knife his face by force by taking the victim’s face.

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

2. On July 2, 2014, at the rest room located on the 41st floor of the building as indicated in the preceding port around 19:00, the Defendant had a mind to forcibly commit an indecent act against the victim E (Woo, 61 years old). After going into the victim’s body, the Defendant laid the victim’s body into the victim’s body, knife the victim’s chest into the victim’s body, knife the victim’s chest into the victim’s body, and knife the victim’s chest by inserting the hand into the victim’s inner part.

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

3. On June 15, 2015, the Defendant 19:00 around 15, 2015, at a warehouse located on the 15th floor of the building as indicated in the preceding port, in mind that the Defendant forcedly commits an indecent act against the victim E (e.g., 62 years of age). The Defendant saw the victim as soon as he/she sits on the victim’s side, and kids the victim’s chest into the victim’s inner part.

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

Summary of Evidence

1. Statement of witness E in the second public trial protocol;

1. Statement made by the witness F in the fourth public trial record;

1. Some of the statements made by the prosecution against the defendant in the suspect interrogation protocol and the statements made E;

1. Statement made by the police for E;

1. The preparation of a victim;

1. Application of Acts and subordinate statutes to the intensity of each damaged person's site;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. The defendant with reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be sexually or chestly committed with the victim by the prosecution.

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