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(영문) 서울남부지방법원 2016.07.14 2016고합66
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The defendant is the Director of the Administrative Office of the E Hospital located in So-gu Seoul Metropolitan Government D.

The victim F(F) worked as a dietitian of the above hospital from May 11, 2015 after the interview of the defendant.

At around 22:00 on May 26, 2015, the Defendant was willing to commit an indecent act against the victim who was parked on the road near the Cheongwon-gu G building in order to commit an indecent act in the Defendant’s car.

The defendant is under the influence of the victim of his own inception, and the victim "I am without such a request."

Even though "I do not know why it is".

west canal.

In the word "the victim's breath by drawing the breath of the victim into the breath of the victim and the victim's breath of the defendant's shouldered and refused to do so, the victim's chest was bread with his/her chest as he/she was in several times with his/her clothes.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Legal statement of witness F and H;

1. The statement of F made by the police about F is consistent and concrete in relation to the act of the Defendant, the content of damage, the fear and response of the victim, and the situation before and after the commission of the crime.

No reason exists to deem the victim's statement to be false, and in light of the legal attitude of the victim's statement, the victim's statement is credibility.

1. Application of Acts and subordinate statutes governing evidence photographs;

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

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

1. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than ten years;

2. The basic area of the first type (general indecent act by force) of the crime of indecent act by force (subject to not less than 13 years of age) in the application of the sentencing guidelines [the determination of the recommended area].

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