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(영문) 서울동부지방법원 2014.10.17 2014고단1088

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is the director of “B” beauty room, and the victim C (the age of 32) is a person who works as a hardiner in the above beauty art room.

1. Around July 2013, the Defendant committed the crime: (a) around July 2013, 2013, cosmetic employees and conference members at the E restaurant located in Seoul, Jung-gu, Seoul, and (b) took care of the victim; (c) while the Defendant was waiting for a driver on the back side of the Defendant’s vehicle parked in front of the said restaurant, he was carrying the victim on the back of the vehicle and waiting for a driver on his behalf; (d) was unable to take the back head of the victim; (e) was laid down in the victim’s entrance; and (e) was laid down the chest by her hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On December 22, 2013, the Defendant committed a crime on December 22, 2013, and around 09:15, around December 22, 2013, prevented the victim from taking away and learning parts of the beauty art room in the beauty art room located in Seongdong-gu Seoul Metropolitan Government, and was faced with the victim’s face.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on recording;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ordered to attend the school is that the nature of the offense is not minor in light of the content and circumstances of the instant indecent act, the victim’s mental damage, etc., and that the victim is seeking to punish the defendant is disadvantageous to the defendant.

On the other hand, the fact that there is no history of other criminal punishment except five times of a fine due to the crime of double-class crime, and that social ties are clear, such as having a certain occupation and supporting family members, is favorable to the defendant.

This is the form and degree of the indecent act in this case, the circumstances after the crime, and the defendant.