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(영문) 서울남부지방법원 2020.02.12 2019고단4356
강제추행
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who operates the △△△△△△△ Si △△ Si △△ Group located in Si interest-si B, and the victim C is a person who was an employee of the above store.

At around 19:59 on December 11, 2018, the Defendant committed an indecent act by force on a total of four occasions from the above date to January 2, 2019, such as the list of crimes Nos. 1, 2, 4, and 7, as indicated in the list of crimes Nos. 1, 4, and 7, the Defendant committed an indecent act by force against the victim under his/her protection and supervision due to employment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The Defendant and his defense counsel asserted that there was no indecent act against the victim as indicated in the judgment, or that there was no intention to commit an indecent act as an act with an expression of frighten or friendship. Meanwhile, the Defendant asserted that there was no use of occupational force during that process, and denied the facts charged.

However, the victim has made a concrete and consistent statement about the major part of the facts in the decision from the investigative agency to the court, such as the indecent act committed, the method and contents of the indecent act, the situation before and after the indecent act, a pipe appraisal, etc.

In the victim's statement attitude, there was no discovery that there was a way to suspect credibility, such as non-fluor nature or fluority, and the content of the statement shows a good subjective psychological situation, such as rejection of the defendant's frequent physical contact with the ordinary victim, sexual humiliation formed by the defendant's indecent act, and consideration as to whether to continue work in such a situation.

At the time, the defendant is a married female under 57 years of age, and the victim is an unmarried female under 36 years of age, and the relationship between the defendant and the employee, gender and age difference, and the period of service of the victim.

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