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(영문) 수원지방법원 평택지원 2017.07.13 2016고단2895

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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 a beauty room with the trade name of “E”.

On September 21, 2016, the Defendant proposed that “E” victim F (n'e, 24 years of age) who interviews work at a cosmetic from December 28, 2016, but, on the other hand, the Defendant appeared at the cosmetic room from December 28, 2016.

Around 19:00 on September 26, 2016, the Defendant provided meals in the vicinity of Pyeongtaek-si-dong. On the same day, around 23:00 on the same day, the Defendant saw the victim’s shoulder from the side of the victim who sing out in the third floor H music practice place of Pyeongtaek-si G Building at Pyeongtaek-si, and 23:00 on the same day, the victim sing out the victim’s sexual organ on the part of the victim, and then the victim sing off the victim’s sexual organ to the victim’s am, and continued to do so, the victim sing down both scam and scam, kids, kids, and scam on one occasion at each part of the victim’s right chest who refused to do so, and committed an indecent act against the victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the police with regard to F;

1. F’s statement [Judgment as to evidence] is consistent with the victim’s statement, and its credibility is high in light of the victim’s attitude in court.

It is impossible to find any inconsistency with the statements of the victim, and there is no motive for the victim to make a false statement.

The facts charged may be found guilty by the statement of the victim.

Application of Statutes

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. The community service order under Article 62-2 of the Criminal Act;

1. An indecent act committed by an employer on the ground that the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture is in the superior position of the employer. It is not good that the crime is committed.

As the defendant denies the crime, the victim was suffering from secondary damage that the victim should attend the court and make statements.

The Defendant did not receive a letter from the injured party.

However, the victim is voluntarily the defendant.