beta
(영문) 대전지방법원 서산지원 2018.04.25 2017고합47

강간등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates D Hanwon on the sixth floor of the building C in Seosan-si, and the victim E (V, name, and age 28) is a person who was in charge of the above D's duties at the above D's Council.

1. 피고인은 2016. 5. 24. 경 위 D 한의원 내 데스크에 앉아서 일하고 있던 피해자의 뒤로 다가가 피해자의 어깨를 손으로 주무르고, 이에 깜짝 놀라 자리에서 일어선 피해자의 허리를 손으로 만지는 등 피해자의 의사에 반하여 피해자를 강제로 추행하였다.

2. On May 27, 2016, the Defendant committed an indecent act against the victim’s will against the victim’s will, by holding a straw door at the entrance of the above D Chinese Council member.

3. On May 27, 2016, the Defendant committed an indecent act against the victim’s will against the victim’s will by forcing the victim to commit an indecent act, such as following the victim’s water purifier before the victim was receiving water from the water purifier located in the said D Medical Center.

Summary of Evidence

1. Statement of witness E in the second public trial protocol;

1. Investigation report (Analysis of data on mobile analysis and response to the suspect and the telephone carried with the victim);

1. Evidence analysis cd (Evidence No. 10, 19)

1. Recording records;

1. Application of Acts and subordinate statutes to a copy of a medical record and a medical certificate;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (3) of the same Article with the largest punishment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant shall be a sexual crime before committing the instant crime).