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(영문) 대전지방법원 천안지원 2020.02.07 2019고단2774
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 is a kitchen of the C cafeteria in Incheon Dong-gu, and the victim D (n, 38 years of age) is the main assistant of the above cafeteria.

1. In the middle of January 2019, the Defendant committed an indecent act against the victim on the following grounds: (a) the Defendant committed an indecent act against the victim by putting the victim’s arms in a mutual singing room near the said restaurant; (b) the victim’s employees, such as the victim, etc., and singing with the victim’s singing with the victim’s own descendants; and (c) rhing the victim’s shoulder with his hand, using the victim’s shoulder.

2. On May 15, 2019, the Defendant committed the crime, around May 20, 2019, committed an indecent act against the victim by: (a) cutting the victim’s arms in front of the large cooling house on the first floor of the above restaurant building; (b) drawing the victim’s arms into the cooling house by hand; and (c) drawing the victim’s chest from the back to the back of the victim; and (d) drawing the victim’s chest by hand.

3. On May 16, 2019, the Defendant committed an indecent act on the part of the victim by putting the victim’s her mare, following the victim’s rear at the cafeteria located above the cafeteria, following the victim’s mare.

4. On May 30, 2019, the Defendant committed an indecent act against the victim by taking charge of the victim’s chest by passing through the victim’s side while the Defendant committed an indecent act on the victim’s chest at the restaurant room above the above temporary border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Recording records;

1. Each CCTV CD;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with 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 reason for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant who was in commercial relations is not less vulnerable to the nature of the crime in light of the background, frequency, mode of conduct, mental shock and sexual humiliation that the Defendant experienced by the victim. Meanwhile, the Defendant is not guilty.

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