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(영문) 전주지방법원 2017.05.26 2016고단1865
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who serves as the chief of the office at the “D cafeteria” where the victim C (a person, a woman, 21 years of age) serves as a part-time employee.

On July 12, 2016, the Defendant: (a) around 00:0 on July 12, 2016, at the “D cafeteria” located in the North west-gun E, and (b) sought to bring the phone to the victim in the toilet, and (c) was able to report the victim from the toilet to commit an indecent act.

The defendant moved the victim into the front parking lot in front of the toilet, forced the victim to leave the body, prevented the victim from resisting, hump the victim, hump the victim, and hump the left hand into the upper part of the damaged person, and hump the victim's chest on one occasion.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the prosecutor with respect to C (tentative name);

1. Statement made by the police with regard to C (tentative name);

1. Complaint;

1. Each investigation report (to attach a response letter to a request for appraisal, attach a D cafeteria building and a photograph of the place of crime, attach a cct film to the closure of image data, attach a photograph to the victim’s conversation-recording file submission, prepare a CD-recording record of a conversation submitted by the victim);

1. Written response to a request for appraisal;

1. Submitting reference materials;

1. Each photograph;

1. Application of ctv video CDs and dialogue file CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order

1. The defendant's and defense counsel's assertion that the defendant suffered or was aware of the victim with the victim's consent or implied consent, and delivered the victim's chest, and even if there was no consent of the victim.

Even if the victim consented, the defendant

Since I think, there is no intention of forced indecent act.

2. In light of the following circumstances admitted by the evidence revealed earlier, the Defendant.

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