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(영문) 서울북부지방법원 2019.01.31 2018고단3933

강제추행

Text

The punishment of the accused shall be eight months by imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a part-time lecturer of the music department of B University, and the victim is the above university student who attended the Defendant’s course of a semester in January 2016.

On August 21, 2017, around 17:30, the Defendant sought a consultation about the victim D (Woo, 22 years of age, and name) from the above university lecture room located in Ansan-si, Ansan-si, the Defendant driven the Defendant’s motor vehicle at the F restaurant located in Ansan-gu, Seosan-si, and used the Defendant’s motor vehicle to gather the victim.

At around 19:00 on the same day, the Defendant stopped the Defendant’s vehicle on the side near the Handong-gu G apartment complex in Ansan-si, Ansan-si, and then forced the victim to commit an indecent act by force by entering the victim, stating, “I would like to deviate from. I would like to enter anywhere, I would like to look back to the end of the width; I would like to look back to the end of the width.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness of the prosecution concerning D;

1. The application of Acts and subordinate statutes to report internal investigation (the relative investigation of witness H: the relative investigation of the victim);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, the risk of recidivism and recidivism, profits and preventive effects expected due to the disclosure and notification order or employment restriction order, and disadvantages and side effects resulting therefrom, the personal information of the Defendant is disclosed.