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(영문) 수원지방법원 2016.02.04 2015고단2794

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who works as the head of the working team in C, and the victim E (the remaining, the age of 20) has worked as the team member of the said company from March 2, 2015 to March 26, 2015.

1. On March 12, 2015, the Defendant committed the crime: (a) around 19:00 on March 12, 2015, committed an indecent act against the victim under Article 208 of the accommodation 208 of the staff accommodation of the Company D, Inc., Ltd., located in Masung-si; (b) on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, on the part of the victim, knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k

2. On March 26, 2015, the Defendant committed the crime: (a) around 14:00 on March 26, 2015, the second floor 208 of the lodging room in paragraph (1) around 14:0 on March 26, 2015; (b) the victim was unable to walk up the right bridge while working; (c) the victim was entering the congested room; and (d) the victim was able to commit an indecent act by using the fact that private individuals cannot easily resist the Defendant; (d) the victim was seated down on the floor; and (e) the victim was able to sit up on the side of the victim who was sitting up on the floor; and (e) the victim’s seat was buckbucks and spacks down on the right side of the victim; and (e) the victim committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Act and subordinate statutes concerning witness F's legal statement;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, where the conviction of the accused against each of the criminal facts stated in the judgment below becomes final and conclusive, Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is applicable.