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(영문) 서울중앙지방법원 2020.05.21 2019고정2711
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a patient of a hospital where the victim works, and the victim is a nurse.

1. Around 18:00 on June 18, 2019, the Defendant committed an indecent act once by bringing his/her face to the victim’s face in the hospital 701 room of the C Hospital 701 located in Seocho-gu Seoul Metropolitan Government, and by bringing his/her face to the victim’s face.

2. From 10:00 to 11:00 on June 22, 2019, the Defendant: (a) received documents from the victim before the nurse scambling at the above place; and (b) committed an indecent act by using the victim’s fingers from his/her fingers to his/her fingers once in his/her hands.

Summary of Evidence

1. Legal statement of witness D;

1. Each legal statement of witness E and F;

1. Statement made to D by the police;

1. The work tag and the case report [the defendant is related to paragraph (1) of the crime, and the head of the defendant was faced with the victim's face while dialogueing with the victim and does not fit the victim's face, and in relation to Paragraph (2) of the crime, the victim merely merely received a written guidance from the victim and did not use the victim's fingers in the process, and denies all crimes. However, in relation to Paragraph (2) of the crime, the nurse's statement is concrete and consistent, and credibility exists in the victim's statement is consistent with the victim's statement, and the other nurse's statement reported or transmitted by the victim's situation within the hospital at the time and the situation of damage is consistent with the victim's statement, and there is no special circumstance to find the victim's non-indicted, so the defendant's indecent act against the victim's will is recognized as applicable to the law].

1. Article 298 of the Criminal Act applicable to the facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. An order to restrict employment;

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