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(영문) 대구지방법원 2018.01.23 2017고단6407
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 is the representative of the C factory in the Gyeongbuk-si, Gyeongbuk-si, and the victim D (V, 30 years of age) is a person who has worked as a production employee in the above factory.

1. On September 1, 2016, the Defendant 17:00, around the first order of 17:00, on the Defendant’s vehicle parked in a restaurant parking lot in which it is difficult to know the trade name located in the southwest-si, Chungcheongnam-si, Gyeongcheon-si, and continued to dance with the victim, even though the victim refused to “a good, good,” and had a dance in a manner consistent with the victim’s entry.

2. On July 5, 2017, at around 14:00, the Defendant set a passenger car of the Defendant in a park near the C factory located in the Gyeonggi-si, Gyeongsan-si, B, and then tried to have the Defendant enter the Defendant’s own arms into the lower part of the victim who was on his own arms, and put the hand into the upper part of the victim who was on his own arms, and continued to interfere with the Defendant’s refusal to do so, but the Defendant continued to buck down the victim’s buck, and put the victim into the front part of the victim.

3. On August 21, 2017, the Defendant, at the same place as indicated in paragraph (2) around 14:00, was released from chests by having knicked the Defendant’s hand into the victim’s tyrts aboard the head of a passenger car.

4. On August 22, 2017, at the same place as indicated in paragraph 2 of the economy of 14:00 on August 22, 2017, the Defendant collected the Defendant’s hand from the Defendant’s passenger car stitts with the victim’s tyrts inside the seat of the passenger car operation.

Accordingly, the defendant committed indecent acts against the victim by assaulting four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. Investigation report (related to the attachment of a recording file submitted by the complainant) - Application of the CD-related Acts and subordinate statutes;

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. An order to attend a course;

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