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A defendant shall be punished by imprisonment for not less than five months.
The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.
Reasons
Punishment of the crime
The defendant is a person operating "E" on the south-gu Seoul Metropolitan Government D and the second floor, and the victim F (V, the age of 29) was a person who was an instructor of the above driving school.
At around 16:00 on August 14, 2015, the Defendant: (a) 16:00, the Defendant saw to the effect that he would be able to take the victim’s hand; (b) kiscing kisc; (c) kiscing the victim’s hand; and (d) kiscing the victim’s hand on the wall; and (c) kiscing the victim to kis after being kisced into the wall; and (d) kiscing the victim’s body by refusing to do so; and (d) kiscing the victim’s body by moving the victim to the school room; and (e) kiscing the victim’s body by hand.
Accordingly, the defendant committed an indecent act by force against the victim under his supervision due to the business relationship.
Summary of Evidence
1. Each legal statement of witness F and G;
1. Statement made by the police with respect to F;
1. The Defendant denies the facts charged to the effect that he/she did not commit an indecent act against the victim while notifying the victim of dismissal at the time indicated in the facts charged, but the victim’s statement in the investigative agency and this court is consistent and very specific in the main part, and is credibility in light of the overall statement attitude observed in this court.
Furthermore, the application of the law to the text message sent by the Defendant immediately after the crime and the H dialogue content sent by the victim to I immediately after the crime correspond to the victim's statement completely, while the above message, etc. is not explained as the grounds for the Defendant's defense.)
1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and the selection of imprisonment;
1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
A. The instant crime is committed by the Defendant.