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(영문) 의정부지방법원 2017.06.23 2017고단1314
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant was the factory site of D in Southyang-si, and the victim E (V, 43 years old) was working as an employee in the above company from February 2, 2017.

1. On February 2, 2017, around 19:30 on February 2, 2017, the Defendant: (a) committed an indecent act by force against the victim by forcing him/her to use his/her arms in the above plant; and (b) committed an indecent act by forcing him/her to use the arms of the victim to use them in contact with the Defendant’s sexual flag.

2. On February 9, 2017, around 13:30, the Defendant committed an indecent act by force against the victim, who was cleaning a toilet, with the victim’s chests and the part and the part of the victim’s chests, at D toilets located in Namyang-si, Namyang-si, 2017.

3. On February 16, 2017, the Defendant: (a) committed an indecent act by force against the victim, by taking the victim’s hand from plastic processing work at D located in Namyang-si, Namyang-si; (b) having the victim’s sexual organ by taking the victim’s hand; and (c) having the victim’s negative organ by large hand and hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (case concerning CCTV on the site);

1. Application of the Acts and subordinate statutes on the screen of the DNA CCTV closure area;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing [the scope of recommendations] Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing, Article 16(2) No. 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes No. 2 of which there is no person (6-2 years to 13 years to 2 years) in the basic area (the scope of recommendations] [the scope of recommendations] of the crime of indecent acts committed on the ground of the general criteria [the scope of recommendations] No. 3 of which there is no person [the person subject to special sentencing] in the basic area (6-2 years to 13 years to 2 years].

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