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(영문) 창원지방법원 2016.05.19 2015고단2520

강제추행등

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

1. In the course of operating the “F” on the second floor of the YY-gu Seoul Special Metropolitan City E, the Defendant forced indecent act: (a) from February 25, 2015, the Defendant registered as a member of the above Center from around February 25, 2015 to the victim D (n, 35 years of age) who was under the age of 12 times a week, saying, “G in the Sinnam-gu Special Metropolitan City, Sinnam Special Metropolitan City, is operating a G in the Sinnam Special Metropolitan City, and there is a long-term experience at this point, and (b) proposed that the Defendant go to the above G and became to go to the above G located in the Singu Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Self-Governing Province.”

At around 23:30 of the same day, the Defendant, along with the victim, laid the awareness of “astronomical agents” where he saws food on the table with the victim under the pretext of treating the depression, and caused the victim to go away from clothes and put the victim out of the clothes, and made the victim forced the victim to commit an indecent act during the successful bid, by inducing the victim to commit an indecent act.

2. From February 25, 2015 to July 2015, the Defendant violated the Medical Service Act, without obtaining recognition of qualification as a massage, performed an act in a manner such as cutting down or taking a part in the body of customers by using the hand, elbs, shots, and shots, etc., after receiving KRW 50,00 per time from D, which found the place of customers with the above center, such as a escape room, marina area, marina release, counseling room, etc., and placing them on the body of customers.

Accordingly, the defendant did not obtain recognition of qualifications for massages, and he got a massage for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (in relation to attachment, such as transfer of funds to the victim's account);

1. Article 298 of the Criminal Act of this Act concerning criminal facts (the point of compulsory indecent act) and Articles 88 and 82 of the Medical Service Act.