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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is a person who worked at C's clinic as a physical clinic.
At around 12:30 on June 23, 2015, the Defendant: (a) committed an indecent act against the victim E (the age of 25) who was given a prescription for the physical therapy of the above member of the Council, which is located in Gyeonggi-gun D; (b) with a scam disc patients, with a view to committing an indecent act against the victim under the pretext of physical therapy, while performing the above heat treatment, in-depth heat treatment, in-depth heat treatment, rehabilitation low-powerr treatment, and towing treatment.
Accordingly, the defendant, as a result of the correction of the pelvis that is outside the prescription, laid down his clothes, laid down his clothes, and asked the victim with the consent of the victim, and 7 times from the broke to the correction of the pelvise with the ratio of the pelvise with the consent of the victim, the victim took back the victim, and brogateed the victim's chest as his hand, and brogateed the victim's chest as his hand.
Accordingly, the defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Legal statement of witness E;
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;
1. Partial statement of the police interrogation protocol of the accused;
1. A criminal investigation report (attached to data);
1. Application of statutes on site photographs;
1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Determination on the assertion by the Defendant and the defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed
1. The defendant and his defense counsel asserted that, with the consent of the victim, the defendant committed an indecent act by force against the victim by inserting a well-known part of the victim's chests between the victim's chest and his chests. However, the defendant did not commit an indecent act by force against the victim by inserting the defendant's fingers in the part of the victim's fingers.
2. Determination
A. “Indecent act” of relevant legal principles is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality.