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(영문) 서울남부지방법원 2019.01.09 2018고단4815

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who operates the marina in the name of "C" on the first floor of the Gangseo-gu Seoul Metropolitan Government building B, and the victim D (V, 57 years old) is a person who works as an employee from the cryp of the above marina.

1. On January 5, 2018, the Defendant, at around 14:00 on January 5, 2018, committed an indecent act by compulsion, committed an indecent act against the victim by following the victim, entering a cooling house for the gathering and storage of the said marina. On January 5, 2018, the Defendant committed an indecent act with the victim’s face.

2. On January 10, 2018, the Defendant committed an indecent act by compulsion against the victim, following the victim, at a cooling house in the above-mentioned marina storage around January 10, 2018.

3. On January 15, 2018, the Defendant committed indecent act by compulsion on January 15, 2018: (a) around 08:55, the Defendant discovered the victim who is going to work at the EM parking lot; (b) read “I would like to report”; and (c) committed indecent act by inducing the victim.”

4. Around January 18, 2018, the Defendant: (a) committed indecent act by compulsion; (b) at the time around January 18, 2018, at a garbage separation and collection place behind the mat building at the time of the foregoing mat building; (c) the victim’s disposal of garbage; and (d) the victim’s return to the disposal of garbage.

5. On January 24, 2018, the Defendant, at around 09:20 on January 24, 2018, committed indecent act by compulsion, the Defendant committed an indecent act by compulsion against the victim’s sexual organ in a crypt in the cryp of the cryp in the cryp of the cryp, and the victim’s behind the cryp of the cryp in which the cryp of the cryp was

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the video Acts and subordinate statutes of stored CDs, such as photographs at the scene of crime;

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 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service or attend lectures;

1. Protection of children and juveniles against employment restrictions;