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(영문) 서울서부지방법원 2017.02.08 2016고단1822
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

【2016 High Order 1822】 On May 21, 2016, the Defendant: (a) around 19:30 on May 21, 2016, reported the entry into E (W, 27 years of age) from 15th floor of the Seoul Mapo-gu Seoul Mapo-gu building into the female toilet; and (b) had a view of viewing the use of smartphones to photograph E; and (c) went into the front section of the above female toilet, and invaded the structure under his management against the will of the manager of the said female toilet.

【2016 order 3234】

1. On February 2016, the Defendant, at the entrance of the Seoul Mapo-gu Seoul Metropolitan Government F building on February 21, 2016, was forced to commit an indecent act by force on the part of the victim due to his/her fingers against the victim’s will, by failing to exhaust his/her duty, while leaving his/her house with the victim E (n.e., 28 years of age) who is working club at and near the entrance of the Seoul Mapo-gu Seoul Mapo-gu F building.

2. On February 19, 2016, the Defendant: (a) completed meals with the victim, etc. in front of the restaurant near the Seoul Mapo-gu Seoul Metropolitan Government FF building on February 19, 2016; and (b) committed an indecent act by force against the victim’s will by failing to meet the victim’s right shoulder, with the victim’s desire to return to the office.

3. On April 2016, the Defendant 22:00 on the date, and around 22:0, at the H parking lot located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun G, the Defendant rhumd the victim’s et al. against the victim’s will and committed an indecent act by force against the victim.

Summary of Evidence

【2016 order 1822】

1. Statement by the defendant in court;

1. 【2016 high-ranking 3234】

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the occupation of a structure intrusion) and Article 298 of the Criminal Act (the occupation of forced indecent act) and the choice of imprisonment with prison labor;

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. Order to attend lectures and order to provide community service;

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