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(영문) 창원지방법원 2019.05.17 2018고단3158
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operates the “C” as a health food manufacturing and selling business entity in Kimhae-si B.

1. No person, other than a medical person, shall perform medical practice;

At around 11:40 on May 8, 2018, the Defendant, without a herb doctor’s license, performed medical practice by putting D (the age of 48) a customer who appeals luptism and stegalosis in a simplified bed, using the following water guidelines ( approximately 6:7cm in length).

2. The Defendant: (a) placed the victim D at the same time and at the same place as above in paragraph (1), and committed an indecent act by compulsion by force against the victim, with the victim’s mind to force indecent act by compulsion; (b) stated that the victim “at a canter with a blood circulation, a hemon on the part of a canter; and (c) placed the victim on the part of the said bed away from the said bed; and (d) called the victim to get off the part of the victim and the part around the said bed off; (c) placed the victim on the part of the victim; and (d) placed the victim on his panty inside the victim’s panty line; and (e) forced the victim to commit an indecent act by force.

Summary of Evidence

1. The defendant's partial statement in court (the statement to the effect that it is the fact that he/she has invadedd a victim D at the time and place of the market, and carried a ship and drinking around the ship);

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. D's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes concerning details of damage to D;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act selection of punishment, Articles 87 (1) 2 and 27 (1) of the Medical Service Act, and the selection of imprisonment without prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. An order of disclosure; and

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