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(영문) 창원지방법원마산지원 2020.11.27 2020고단925

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

The Defendant had the victim C (n, 55 years of age) who met and was aware of about three years from Si-Gun B, and had the victim packaging work from May 2020 to June 29, 2020 at the Ewon in the operation of the Defendant’s Etha-Gun.

1. From June 2020 to June 18:00, the Defendant committed an indecent act by force by inserting the victim’s chest by inserting his finger into the victim’s brupt with the victim’s brupt that “one met and the brushe is small, so that the milch of Korea is large,” and then inserting his finger into the victim’s brupt.

2. Around June 2020, the Defendant stated that the victim, who was able to take a hand in the vicinity of the above mushroom packaging factory, was “a cleaning agent,” while inserting his hand into the victim’s body, and forced the victim to take the knife into the knife, thereby committing an indecent act by force.

3. On June 29, 2020, the Defendant: (a) around 17:30 to 18:00 on June 29, 2020, the Defendant: (b) told the victim’s rears who had been seated after having been forced to leave the said mushroom package to “one met once”; (c) puts his hand into the victim’s upper part; and (d) forced the victim’s chest by inserting his hand into the brogate, thereby committing an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigative and reporting a written confirmation of counseling, on-site photographs, stenographic records, certificates of persons with disabilities, statement and analysis opinion (with respect to the initial content of counseling for victims of medical

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act 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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;