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(영문) 서울북부지방법원 2018.12.20 2018고단1109
강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a cell phone agent in Seongbuk-gu Seoul Metropolitan Government, and the victim D (V, 21 years old) is a guest who visited the above store in order to purchase a cell phone.

On December 29, 2017, the Defendant: (a) around 17:30 on December 29, 2017, “A male-gu is well in sexual intercourse” to the victim.

B. It shall be well.

”, “ 같이 하면 재밌을 것 같다.

It shall be the same as a friendly wave.

During the process of having a sexual string, “the victim was forced to commit an indecent act on his/her own hand by setting up a victim’s side string and driving the victim’s hacks.”

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the victim D has visited the mobile phone agency that the defendant works in this Act and the investigative agency, together with the defendant et al., and the detailed contents of the sexual deaf-mutes that the defendant was the victim while smoking tobacco outside the agency, sexual scams that the defendant had related to his or her fluence, the details of the sexual scams that the defendant had in relation to his or her fluence, the detailed contents of the defendant’s fluent act committed by the defendant who was committed in the course of preparing the contract, and the physical parts of the defendant’s fluss

In light of the victim's attitude to make a statement in this court, the victim's statement has credibility.

It can be recognized that the defendant commits an indecent act against the victim as stated in the facts of crime).

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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