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(영문) 서울동부지방법원 2015.05.07 2014고단3078

강제추행

Text

The sentence of sentence against the defendant shall be suspended.

To order the accused to be put on probation for one year.

Reasons

Punishment of the crime

The defendant is a person who operates the cancer control center, and the victim C (n, 27 years of age) is a member of the center.

On August 23, 2014, at around 23:27, the Defendant moved to a toilet in the “E Campping site” located in Gangdong-gu Seoul Metropolitan Government D with members of the cancer light center.

오는 피해자의 팔을 잡아끌고 으슥한 곳으로 데리고 가 약 10회 정도 피해자를 끌어안고 피해자의 얼굴에 뽀뽀를 하려고 하고, 계속해서 피해자가 귀가하기 위해 버스정류장으로 가자 피해자를 따라가며 피해자의 어깨를 끌어안고 양 팔을 주무르며 만지고 이어 강동구 F에 있는 "G주유소"와 둔촌동 600-2 사이 노상에서 뿌리치는 피해자를 억지로 끌어안고 피해자의 볼에 뽀뽀를 하였다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV counterpart investigation) and a criminal investigation report (Attachment to evidential materials submitted by a victim);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding the Provisions on Reduction of and Exemption from Liability (Article 10 (1) and (2) of the Criminal Act does not apply to the sexual crime of this case, although the defendant alleged that the defendant committed a crime in a state of mental disorder caused by the

1. A fine of three million won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following favorable circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Article 59-2 of the Criminal Act recognized the instant crime and agreed on April 16, 2015 by paying 10,000 won to the victim along with the written apology. The victim is punished against the Defendant.