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(영문) 인천지방법원 부천지원 2018.11.28 2018고단2196
강제추행등
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

1. On January 1, 2018, the Defendant forced indecent act: (a) around 16:30 in the house of the victim D (Taking, 84 years old) located in Kimpo-si, Kimpo-si; (b) tried to leave the victim beyond the floor by fasting the victim; (c) siting over the victim’s seat above the floor; and (d) kid the victim’s hand and kid against him/her; and (c) kiding him/her on the part of the victim; and (d) laid off the victim on the floor.

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

2. Intrusion upon residence;

A. At around 16:00 around the end of January 2018, the Defendant: (a) requested water from the victim; (b) opened a living room window and opened and milched water-based window; and (c) entered the living room.

B. On January 29, 2018, the Defendant came to the house of the above victim around 16:00, and the victim opened the victim’s house and entered the living room during the absence of the house.

Accordingly, the defendant invadedd the victim's residence twice.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. The witness D and E respective legal statements, and the witness F's partial statement in court;

1. Part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Part of the police statement protocol against E, or the police statement protocol against D;

1. Photographs photographs outside the house;

1. Application of Acts and subordinate statutes to a report on investigation (including details of receipt of a report);

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, Article 298 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment, respectively;

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. Article 16 (2) through (4) of the Act on Special Cases concerning the Protection and observation, community service, or the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 56(1) main text and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which issued an employment restriction order, was the Defendant’s access to the elderly victims living alone in a remote area and committed the instant three-time crime.

The degree of indecent conduct is very serious, and the victim is extremely strong fear.

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