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(영문) 창원지방법원진주지원 2020.08.13 2020고단449
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 a person who operates the "C" of coffee specialty store in Jinju City B and 1, and the victim D (the age of 23) has worked as an employee at that place.

1. On November 14, 2019, around November 14, 2019, the Defendant: (a) committed an indecent act by force against the victim, who has been under an influence to leave from the warehouse of the above “C” at around 14:30 on November 14, 2019; (b) while speaking, “Abagn. Abag,” the victim was hickly humping the victim; and (c) made it an indecent act by force.

2. Crimes committed on November 15, 2019;

가. 피고인은 2019. 11. 15. 13:15경 위 ‘C’ 주방에서 일을 하고 있는 피해자에게 다가가 갑자기 엉덩이 위쪽 부분을 오른쪽 손등으로 툭 쳐 피해자를 강제로 추행하였다.

B. On November 15, 2019, at around 16:30 on November 15, 2019, the Defendant committed an indecent act by force against the victim by using his own cryp and frozen . Anabac, while speaking that the victim who has been placed with his/her own dignity for his/her commuting to leave at the place under Paragraph 1.

[Defendant and defense counsel asserts that they used the victim to sparly use the victim in relation to the crime No. 1 of the crime, and did not drive the victim in any item. Accordingly, according to the CCTV images (Evidence No. 13) in which the victim was taken, the defendant sparly use the victim and then find the face somewhat from the shoulder part of the victim's shoulder (CCTV image alone). It is difficult to conclude that the defendant was not faced with the victim in any item.

In full view of the fact that the victim consistently stated that he was faced with the defendant's possession, and that it is difficult for the victim to find out a situation that makes it difficult for him to find out the fact of damage in light of all the circumstances, it is reasonable to view that the defendant was faced with the victim's possession. Therefore, this part of the defendant's assertion is rejected.

On the other hand, the defendant's attitude of indecent act by force is the same as that of the above criminal facts in relation to the second clause of criminal facts.

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