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(영문) 인천지방법원 2018.04.27 2018고합130
강제추행치상등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On October 12, 2017, the Defendant: (a) discovered the victim D (the age of 19) who was mixed with the place at the entrance door of the Incheon Gyeyang-gu apartment shopping mall on October 12, 2017; and (b) committed an indecent act by compulsion against the victim.

피고 인은 위 아파트 102동 1 층 현관 출입문까지 피해자를 뒤따라 간 다음 갑자기 뒤에서 팔로 피해자를 껴안아 현관 앞의 휠체어용 경사로 쪽으로 끌고 가 바닥에 넘어뜨린 다음 “ 조용히 해. ”라고 말하면서 피해자의 입술에 입을 수회 맞추고 피해자의 몸 위에 올라 타 자 신의 성기를 피해 자의 몸에 비벼댔다.

As a result, the defendant forced the victim to commit an indecent act and suffered injury such as salt, tension, etc. in the process of treating about 14 days to the victim.

2. The Defendant was aware of the victim E of the above apartment resident who had been living together in the course of committing the crime described in paragraph 1, and the victim was led to the victim of the above apartment resident E, who left the above crime scene.

On October 12, 2017, around 00:36, the Defendant opened the 1st floor entrance of the above apartment building 104 Do-3-4 Do-dong 104 Do-dong 3-4 Do-dong 104 Do-dong 1, and went to the direction of the stairs.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Written statements of D;

1. Arrangement of photographs of the victim themselves, such as damaged photographs, victim's lower half-hand photographs, a lower-standing image of the victim, right-hand photographs, etc., and by cutting down CCTVs at the scene of the crime;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 301, 298 and 319 (1) of the Criminal Act applicable to the crime;

1. Imprisonment with prison labor on the crime of causing bodily injury resulting from compulsory indecent act by choice of punishment, and imprisonment with prison labor on the crime of intrusion upon residence;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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