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(영문) 부산지방법원 동부지원 2019.10.30 2019고단1443
강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2019, between around 13:00 and 16:00 on April 27, 2019, the Defendant committed an indecent act against the victim by forcing the victim by means of the Defendant’s head in the cafeteria restaurant operated by the Defendant in Busan Shipping Daegu, and the victim D (20 years of age) working as an employee, on his/her own hand, set the victim’s knife at several times with his/her knife, drawing the victim several times with his/her knife, and inducing the victim into the knife with his/her knife.

2. From April 28, 2019 to April 14:00 on April 28, 2019, the Defendant forced the victim to commit an indecent act by: (a) having the victim’s knee and kne; (b) having the victim’s knee and kne; (c) holding the victim’s kne and kne with his kne; (d) holding the victim’s kne and kne with his kne with one arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the closure part of the E contents divided by a suspect, CCTV images-fashion photographs and investigation reports (a voice file analysis sent by a victim) to the victim;

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act 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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education or community service order

1. The punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's age, environment, character and conduct, circumstances leading up to the crime, means and result (a repeated indecent act committed against the victim who is his/her employee's age at his/her own will) and circumstances after committing the crime, etc., as well as 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, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and Article 59-3 (1) of the Act on Welfare of Persons with Disabilities.

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