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(영문) 수원지방법원 성남지원 2018.07.13 2018고단555
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around February 21, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influences at public places for sexual purposes) invaded into a female toilet at the first floor of the D hotel located in Gangnam-gu Seoul Metropolitan Government, with a view to satisfying his/her sexual desire.

2. The Defendant forced indecent act was hiding in the urinal column at the time and place mentioned in paragraph 1, and the victim E (the victim E, 31 years of age) reported about different partitionss, and made a cleaning agent to see his hand in the three scam, and scambling with the victim against the victim’s will that scambling with scambling with scam, and scam to attract the victim’s scam against the victim’s will, and scam to force the victim by force.

3. The injured Defendant committed an indecent act against the victim as stated in paragraph 1 at the date, time, and place specified in paragraph 1(2), and attempted to get out of the above toilet, but again, committed an assault, such as cutting down the victim’s two arms at the entrance of the above toilet and pushing down the victim on the floor, thereby causing injury to the victim, such as strings and sprinkblings, etc. for two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (influence of victims) and a report on investigation (influence of CCTVs at D hotels);

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the selection of punishment, Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), Article 257 (1) of the Criminal Act (a point of harm), 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 (The following favorable circumstances):

1. The reason for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes committed by the Defendant is to color the female subject to the crime, to commit an indecent act by entering the victim’s toilet, and to commit an indecent act by entering the public-use facility.

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