logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.05.16 2019고단265
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 the deputy head of the “C” located in Yongsan-gu, Busan Metropolitan City (hereinafter referred to as the “C”) and the victim D(n, 30 years of age) served as an employee of the Company.

1. At around 11:00 on August 2018, the Defendant committed an indecent act against the victim by turning on the victim’s right chest part of his/her own hand, while passing through the victim’s side where he/she arranged the surroundings of the machinery in the factory of this case.

2. On September 28, 2018, around 17:00, the Defendant committed an indecent act against the victim by using the victim’s left her straw with his/her hands over two to three times, while following the Defendant’s factory in this case, following the victim’s her work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse is that the defendant committed an indecent act against the victim who is a subordinate in the workplace, and in light of the method of indecent act, the physical condition of the indecent act, the frequency of indecent act, the degree of sexual humiliation and the fact that the victim has no effort to recover from damage, etc., the crime

The defendant recognizes crimes.

Defendant has no record of criminal punishment.

Punishment shall be determined by taking comprehensive account of all the kinds of sentencing conditions shown in the trial process, such as the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, relationship with the victim, etc.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant shall Article 42 (1) of the Act on Special Cases concerning the Punishment, etc

arrow