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(영문) 수원지방법원 2016.01.28 2015고단2791
강제추행
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

The defendant, as a oriental medical doctor, is the president of the E Institute and the victim F (n, 33 years of age) in D when he/she is a oriental medical doctor, and the defendant is the oriental medical doctor operated by the defendant as a patient.

1. On January 10, 2015, the Defendant committed an indecent act against the victim by forcing the victim by forcing him/her to look back the upper half of the body part of the victim of the Posium by causing the victim’s sexual desire for both descendants to overlap with his/her fingers in the middle part of the body part of the victim’s fingers in the middle part of the hand.

2. On January 11, 2015, at around 12:20 around 12:20, the Defendant: (a) reported the victim who was suffering from the invasion in the same manner as described in paragraph (1); and (b) caused the victim’s sexual desire by taking the victim’s sexual desire; (c) returned the part of the body part of the part of the victim’s fingers to the part of the hand, and the part of the victim’s fingers end; (d) continued to cure the vegetable and walking the part of the victim’s clothes to the part; and (e) committed an indecent act by coercioning the victim’s right mils with the victim’s left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness F’s legal statement Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. Crimes of Article 62-2(1) of the Criminal Act, Article 59(1) main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Community Service Order and Order to Attend, and Article 62-2(2) of the Act on the Punishment, etc. of Indecent Acts (the scope of recommending punishment / [the scope of recommending punishment] are crimes of compulsory indecent acts in accordance with the general standards. Article 59(1) of the Act on the Punishment, etc. of Specific Crimes of No. 1 (the scope of compulsory indecent acts in general) and No. 2 of the basic area (6-2 or 2 years from June to / [the scope of recommending punishment] of the crime of compulsory indecent acts in accordance with the general standards.

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