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(영문) 서울남부지방법원 2014.09.19 2014고단2159

강제추행등

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

Punishment of the crime

1. The Defendant in violation of the Medical Service Act did not obtain from the competent Mayor/Do Governor recognition of his/her qualification as a massage.

around October 2013, the Defendant received 110,000 won in advance from customers E at three massages in the Gangseo-gu Seoul Metropolitan Government 3rd floor, and performed massages over three times and performed massages for profit-making purposes.

B. On November 22, 2013, the Defendant: (a) received 110,000 won in advance from the foregoing “D”; (b) around 20:00; (c) received 110,000 won in advance at three massages; and (d) performed massage for profit-making purposes.

2. At around 20:50 on November 22, 2013, the Defendant committed indecent act by force against the victim E (the victim E (the victim 29 years old), who was a customer, by making the victim E (the victim eth, the victim ethbbs, elbs, etc. on the bed, using hand, elbs, elbs, etc. on the bed, put the victim’s bridge into the bed, put the Defendant’s bucks into the bed, and then, according to the victim’s panty ethra, put the buck into the bed, thereby forcibly committing indecent act on the part of the victim by using the bed and feld part of the sound part, and using the bed part of the bed part of the bed part of the bed part of the bed part of the bed part.

Summary of Evidence

1. Defendant's legal statement;

1. Eth statement among the suspect interrogation protocol of the accused against the prosecution;

1. Police suspect interrogation protocol regarding F;

1. A complaint;

1. Application of Acts and subordinate statutes on site photographs (D);

1. Relevant legal provisions concerning criminal facts, Articles 88 and 82(1) of the Medical Service Act concerning the selection of a punishment, Article 298 of the Criminal Act, and Articles 298 of the Criminal Act concerning the selection of a 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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The sentencing criteria are not set for a crime of violation of the Medical Service Act, which is concurrent with the crime of indecent act by compulsion of another person who has no special person in the basic field (6 to 2 years) of the first category of the recommended type of punishment (subject to the age of 13) according to the sentencing criteria, since the sentencing criteria are not set.