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(영문) 광주지방법원 2018.08.08 2018고단1439
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 17, 2017, the Defendant: (a) committed an indecent act on the part of the victim, who was an employee, committed an indecent act on the part of the victim on two occasions with left hand, such as the location of the her her bral stroke, around 20:00, in front of the c “C” seated in Gwangju Mine District B, and then committed an indecent act on the part of the victim.

2. The defendant who interferes with business has no Handphones at the same time and place as the preceding paragraph.

Finding the disturbance, and the victim E, the owner of the plant, "Iskn't neglect it now now."

"Abreging the public, such as "," the sound does not cause any brush containing alcoholic beverages, and the brush caused inconvenience to the public, thereby obstructing the affairs concerning the operation of the victim's main points by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to E and D;

1. Application of the Act and subordinate statutes to a investigative report (to attachCCTV image CDs);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant and his/her defense counsel did not commit an indecent act against the defendant on the grounds that the defendant did not have any intent to cause the victim to feel a sense of sexual shame or to obtain his/her sexual satisfaction, on the grounds that the defendant and his/her defense counsel did not have any intent to cause the victim to feel a sense of sexual humiliation or to obtain his/her sexual satisfaction.

The argument is asserted.

However, it does not require a subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). In view of CCTV images at the time of the lawful adoption and investigation by this court, the Defendant, in a situation in which he is viewed as the victim, has a knife the victim’s knife by extending the hand.

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