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(영문) 부산지방법원 동부지원 2019.02.20 2018고단2030
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 05:52 on September 13, 2018, the Defendant boarded the said building elevator along with the victim, for the reason that C (V, 46 years of age) was in his mind, on the road in Busan Shipping Daegu B, Busan, for the reason that the victim C (V, 46 years of age) was in his mind.

Then, the defendant reached the fiveth floor of the above building and the victim committed an indecent act against the victim by exposing his/her hands out to the open cresh of the elevator that he/she gets off from the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who ordered employment restriction, tried to continuously avoid the defendant suffering from a considerable distance. Ultimately, the defendant was on board the elevator where the victim is on board, and the victim was on board the elevator where the victim was off from the elevator and the defendant went out from the elevator, and the defendant who was indecently committed an indecent act as stated in the facts constituting a crime, and escaped.

The instant crime appears to have been planned in view of a series of forms that prevent the Defendant from committing the crime and deviate from the scene naturally, regardless of the victim’s degree.

(other than this, there is no reason to see that there is a habit of indecent act against the defendant). The fear and sense of shame of the victim was very serious, so far, the victim complained of extreme pain and was punished by the defendant.

In addition, the defendant did not examine the appraisal of the rest of the victim who was urgent only to reduce punishment, and did not cause secondary damage such as asking other employees to work at the victim's workplace several times under the pretext of seeking to reach agreement.

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