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(영문) 서울남부지방법원 2016.04.29 2015고단4937

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 13, 2015, the Defendant, at around 03:20 on September 13, 2015, committed an indecent act, committed an indecent act with a view to forcing the victim D(the age of 31), who was found to receive a marina destination, using the so-called “Mama destination” in the middle of having a marina destination located on the fifth floor of Gangseo-gu Seoul Metropolitan Government building C, with a view to forcing the victim to commit an indecent act.

Defendant 1 committed an indecent act by force against the victim, such as: (a) leaving the victim’s panty panty, leaving the victim’s panty up to his panty; (b) leaving the victim’s panty with his panty, leaving the victim back to her future panty; and (c) holding the victim back to her future panty; and (d) putting the victim’s panty into the victim’s panty; and (e) intending to see the victim’s panty; and (e) forcing the victim to commit an indecent act by force.

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

Nevertheless, the defendant worked as a marina branch at the date, time, and place described in the above Paragraph 1, and without obtaining the recognition of the qualification of a massage company from the competent administrative agency, and without obtaining the recognition of the qualification of a massage company, he/she performed an act of massage with DNA by taking the blood transfusion from the telegraph to his/her hands and taking it out for profit.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. The legal statement of witness E (excluding the part concerning the professional statement);

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes to the police interrogation protocol (except for the part concerning professional statements in this court and in investigative agency for the victim D's testimony is consistent and specific with the defendant's act, content of damage, fear and response of the victim, the situation before and after the crime, and any other circumstance that false statements are not likely to be changed, and credibility is acknowledged in light of the attitude of the statement in this court) of E

1. Relevant provisions of the Act concerning facts constituting an offense;

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