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(영문) 서울중앙지방법원 2018.06.28 2018고단104

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who operates a marina business in the name of "E" on Gangnam-gu Seoul Metropolitan Government D and 2.

1. No person who violates the Medical Service Act shall engage in massage for profit without obtaining the recognition of qualifications for massage doctors;

Nevertheless, without recognizing the qualification of a massage on July 2017, the Defendant committed an act of massage, such as promoting the circulation of blood by collecting a charge of 2 million won from the customer F who had been equipped with facilities, such as cosmetic, at the above “E” business establishment, and taking charge of a shoulder, light, shot, shot, etc., or by taking charge of or leakageing the shoulder, light, shot, shot, etc., and cutting down the flash.

In this respect, the defendant did not obtain recognition of qualifications for massages, but got massage for profit.

2. Around July 12, 2017, the Defendant committed an indecent act by pretending to treat the victim in the manner of committing an indecent act at the pertinent “E” business establishment around 16:00 on July 12, 2017.

Accordingly, whether the Defendant “(s) against the Defendant’s health of the womb,” or not;

After the victim said that it is good for the relaxation of the physiological, it is originally said that there is an additional charge, and that it will be a fake, and then the victim exceeded panty and panty, and then "I want to get the flag clean, because she does not drink or tobacco, she can only go out," and continuously the victim's eye, the victim's sags, and the victim's sags were added into the victim's body, and the victim's fingers about 3 to 4 minutes, and the victim's fingers were turned out, and the victim's fingers were turned out within the victim's body.

Accordingly, the defendant committed an indecent act against the victim by using a deceptive scheme.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Details of public relations for the complaint, the 112 reported case handling sheet, the Marina site shop;

1. Character messages;