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(영문) 수원지방법원 안양지원 2018.12.14 2018고합95
강제추행치상
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant was the head of the planning team of the corporation B established for advertisement agency, event agency, etc., and the victim C (the victim 21 years old) was the intern employee of the above company.

On May 17, 2017, the Defendant provided accommodation to the victim to participate in a meeting related to the event of the “E” on the day following the day, and provided the victim with the beer at the above guest room.

1. Around May 18, 2017, the Defendant committed the crime, around 01:00, attempted to raise the victim, who was accumulated in the guest room in the above hotel room around 01:00 on May 18, 2017, by entering the victim’s personal injury, and inserting him/her into the victim’s injury.

2. Around 04:00 on May 18, 2017, the Defendant had dancing the victim as described in paragraph 1, but was refused from the injured party, and was diving in the bed area thereafter, the Defendant tried to look at the victim’s chest at the same place in the same day by shouldering at around 04:00 on the same day, the victim’s chest was met, the back part of the victim’s head was kept up with his hand, and put him into the victim’s entrance.

3. On May 18, 2017, the Defendant, at around 09:00 on May 18, 2017, corrected this part of the facts charged in accordance with the victim’s statement (which means six pages of the record of the witness examination, and page 62 of the investigation record) to the extent that the Defendant does not affect the Defendant’s exercise of the right to defense that he/she has set cellular phone at the flood above 09:00

C. The victim was faced with the victim's own kys.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

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

1. Application of Acts and subordinate statutes of investigative reports (Submission of a transcript in victim C) and recording records;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in paragraph (2) of the same Article with the largest punishment);

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. An order of disclosure; and

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