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(영문) 서울동부지방법원 2015.04.09 2015고단411
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Indecent acts by compulsion against the victim C;

가. 피고인은 2014. 6. 30. 19:00경 서울 영등포구 D에 있는 'E병원' 인근에 있는 상호불상의 식당 앞 노상에서 피해자 C(여, 62세)가 자전거 자물쇠를 풀려고 몸을 숙이자 갑자기 피해자의 뒤에서 피해자를 끌어안아 한손으로 가슴을 주무르고, 성기를 피해자 엉덩이에 대고 비볐다.

B. On June 30, 2014, around 22:10 on June 30, 2014, the Defendant reported the victims who were incurred in the guardian bed by the guardian, and the victims suffered both the victim's chests with the victim's own hand.

Accordingly, the defendant committed an indecent act against the victim by force.

2. Indecent acts by compulsion against the victim F;

A. On September 6, 2014, around 21:30, the Defendant: (a) committed an indecent act by force against the victim’s two chests by drinking alcohol together with the victim F (F, 52 years of age) at the parking lot adjacent to the above E Hospital; and (b) committed an indecent act by force against the victim.

B. The Defendant, at around 22:00 on September 10, 2014, performed drinking with the victim at the place indicated in the preceding paragraph, and carried out drinking with the victim as one hand.

C. On September 18, 2014, around 18:30, the Defendant entered a toilet for the public use of both men and women of the fifth floor of the above E Hospital, and knife the victim’s neck by hand, knife the victim’s neck into the victim’s entrance, and knife the victim’s knife into the victim’s seat.

Accordingly, the defendant committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Investigation report (verification of the “public toilets for male and female” in front of the sick room No. 507);

1. The application of Acts and subordinate statutes to prepare and report each recording record (including the recording record appended respectively);

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The sentencing criteria shall be the first offense recommended;

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