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(영문) 의정부지방법원 2019.01.25 2018고단3301
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 doctor in the Da Council member affiliated with the third floor of the Cbank building located in Gyeonggi-gun B.

On January 16, 2018, at D's clinic around 14:30 on January 16, 2018, the Defendant diagnosed the symptoms of which the victim E (55 years old) who was the patient who was the patient who was the patient of the above hospital did not have blood in one face, and committed an indecent act of both the victim's chests on their own hand.

Summary of Evidence

1. The witness E (tentative name), F and G statements (the defendant and his defense counsel asserts that there was no indecent act as described in the facts charged). The following circumstances acknowledged by the evidence of the judgment, i.e., some of the statements were added or changed, but this is merely detailed and commercial facts, and the overall victim made a consistent statement that he was only a victim, and the F, working as an assistant nurse at the time of the instant case, consistently made a witness in the police and this court that the defendant was only a victim's chest, the victim does not appear to have any special circumstance, the fact that the defendant committed indecent act against the victim as described in the facts charged is acknowledged, comprehensively taking account of the fact that the defendant was found to have committed an indecent act on the part of the victim as stated in the facts charged.

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant

An order of disclosure and notification shall be exempted.

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