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(영문) 전주지방법원 2017.08.11 2017고단726

강제추행

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

The defendant is a person working as the president of E Public Officials' Teaching Institutes and English instructors in Jeonju City, and the victim F (the 19 years of age, the 20 years of age, the 19 years of age) is a student of the above public Officials' Teaching Institutes.

1. On July 2016, the Defendant: (a) completed a course of study on the part of a bridge located on the second floor of the pertinent private teaching institute on the top of the Pakday in order to have the victim sit on the right side of his/her own, and (b) had the victim sit on the part of his/her right side during the fast hours; and (c) “Diff is difficult;” (d)

Doescradity to teach

“The victim’s left side bucks rhumbucks, which was asked to buck the victim’s hand, and rhumbbucks, followed by two to three bucks, and the victim’s left upper part of the upper part of the buckbucks continued to rest two to three bucks, thereby committing an indecent act by force.

2. On July 29, 2016, the Defendant committed an indecent act by force against the victim, following the victim, who has an English problem at English class hours at the two stories of the above private teaching institute (Smphar Dol) around July 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to F and G;

1. Statement made by the police with respect to F and G;

1. Complaint;

1. Application of Acts and subordinate statutes to a investigation report (on-site verification of occurrence of a case and CCTV verification);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture or an order to provide community service;

1. Review of the sentencing criteria;

(a) Class 1 and 2 (Crime of Compulsory Indecent Acts) (Crime of Compulsory Indecent Acts) basic area (Crime of Compulsory Indecent Acts in General) concerning compulsory indecent acts (Crime of 13 or more years of age)

(b) Final sentence scope following the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months nor more than three years; and

2. The defendant recognizes all of the crimes of this case in favor of the decision-making of sentence.