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(영문) 대구지방법원 2015.08.13 2014고합452

유사강간치상등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the operator (F) of the Ecomel located in Gyeongldong District D and the person who manages the Macomel as a master.

Victim G (n, 31 years of age) is a person who works as an employee of the above telecom from January 9, 2014.

1. On January 9, 2014, the Defendant committed a crime on January 10, 2014, committed an indecent act by force against the victim, on the part of the victim, by causing the victim’s desire to talk with the victim in the information room of the above Emherel by dividing the conversations with the victim in a timely manner, and by forcing him/her to commit an indecent act on the part of the victim, such as sobucks, bucks, knishs, etc.

2. On January 10, 2014, the Defendant committed a crime on January 10, 2014, committed an indecent act by force against the victim, such as using sparingly sparing the victim, by dividing conversations with the victim at the same place as Paragraph 1, at around 11:00.

3. On January 10, 2014, the Defendant committed the crime on January 10, 2014, committed an indecent act by force against the victim, such as: (a) division of conversations with the victim from the rooftop room of the above EMoMoel into the victim on January 15, 2014; and (b) making the victim’s tamp and tamp with his hand to tamp and tamp with his hand.

Summary of Evidence

1. The witness G’s legal statement (the content of the victim’s statement is consistent and specific, and there is no inconsistency with other evidence, such as the witness H’s statement. In light of the ordinary relationship between the Defendant and the victim, the circumstance where the victim stated the damaged facts, etc., the credibility of the above statement is recognized.

1. Application of Acts and subordinate statutes to the statement of a witness H's part of the second protocol of trial (victim G);

1. Relevant Articles of the Criminal Act and Articles 298 of the Criminal Act concerning the crimes;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. An order for disclosure and notification;