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(영문) 창원지방법원 2018.05.10 2017고단3456

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 a laundry house B, and the victim is a guest twice.

On July 23, 2017, around 20:30, the Defendant: (a) discovered the laundry at the window C of Changwon-si, and (b) around 1st floor B laund, and (c) caused the victim D (24 years old) who is a customer, to “flaund,” and (b) committed an indecent act that makes the victim feel a sense of sexual shame, such as the victim’s sexual intercourse with the victim’s hand, without any cresh that the victim would avoid.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the Acts and subordinate statutes to a criminal investigation report (the attachment of details phoneed by the accused accused to the complainant);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant’s assertion regarding the order to provide community service and attend lectures under Article 62-2(1) of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The gist of the Defendant’s assertion was that the Defendant considered the victim to find out the laundry for the victim, even though the Defendant did not operate the business upon the request of the injured party for the prompt laundry.

The Defendant did not commit an indecent act against the victim, such as the charge, because the victim received laundry does not seem to have laundry and the victim made the victim’s statement, such as “Fred” and “I would have to exercise”, with the Defendant’s hand, that the victim committed an indecent act as shown in the facts charged.

2. 판단 피해자는 피고인이 세탁물을 전해 주는 과정에서 『“ 배 나온 것 봐라 ”라고 말을 하면서 피해자의 배 부위에 손을 댔고, 갑자기 바지 속으로 손을 넣어 성기를 움켜쥐었다』 는 취지로 수사기관 및 이 법정에서 진술하고 있다.

The injured party shall be married with the detention of the day he or she suffers.