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(영문) 수원지방법원 2017.08.17 2017고단3118
강제추행
Text

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 was an employee of the “D” real estate intermediary business in the E-building, and became aware of the victim while frequently using the restaurant work in the victim F (V, 54 years old) in the E-building.

1. On March 2017, the Defendant committed an act of unsatisfying on the date of March 2017, 2017, the Defendant committed an indecent act by force on the following grounds: (a) while the Defendant: (b) placed the victim on the Defendant’s passenger car and went back to the Defendant’s car to find out the nearby restaurant by burning the victim on his/her own; (c) placed the victim’s right chest on the top of the car operation on his/her own initiative; and (d) committed an indecent act by force.

2. On April 15, 2017, the Defendant committed a crime around 10:00 on April 15, 2017: (a) on April 15, 2017, at the above restaurant where the victim works; and (b) on the front of the victim working, the Defendant committed an indecent act by force of the victim by force, using one time, as the victim was in front of the victim working.

3. On April 15, 2017, the Defendant committed a crime around 17:30 on April 15, 2017: (a) around 17:30 on April 15, 2017, the Defendant committed an indecent act by force against the victim receiving water from the above restaurant; (b) on April 15, 2017, the part adjacent to the right chest of the victim himself/herself, as follows.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the accused by the prosecution (including the statement of F);

1. Statement made by the police with regard to F;

1. In the investigation report (CCTV) [The defendant alleged that he did not commit an indecent act against the victim as described in paragraphs (1) and (3) of the above facts constituting the crime. Thus, the following circumstances acknowledged by each of the above evidences are as follows: ① the victim was committed with the defendant as stated in the above facts constituting the crime, i.e., the victim committed an indecent act from the defendant to the investigation agency and this court.

A consistent and specific statement is made by the victim, and there is no reason to make a false statement that causes harm to the defendant even when the victim is under the charge of punishment for perjury, and there is no reason to open a false statement to the victim, and in light of the victim's attitude to make a statement in this court.

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