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(영문) 춘천지방법원 원주지원 2017.11.09 2017고단720
강제추행
Text

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

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

From May 2016, the Defendant served as an assistant principal at an elementary school, and the victim E (the age of 28) served as a teacher at the above school around that time.

1. On February 14, 2017, around 23:30, the Defendant: (a) obstructed the victim, who was coming out of “G” heading from “G” heading room located in “G” heading, locking the toilet; (b) obstructed the victim with the wall; (c) laid down the victim’s clothes on the upper part of the left shoulder; and (d) prevented the victim from leaving the victim’s knife with his hand, thereby committing an indecent act by coercioning the victim by force.

2. On March 9, 2017, around 20:20, the Defendant: (a) pushed the victim with a wall before the victim’s residence located in H and 3 stories; (b) committed an indecent act by forcing the victim to wear the victim’s body on his left part; (c) in the middle stairs, the victim’s shouldered from the third floor to the second floor, the victim’s chest was fluored by both hands; and (d) committed an indecent act by force against the victim’s chest by hand on the second floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E;

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 grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to Attend and Order to Attend Community Service (the scope of recommended punishment) [the scope of recommendation] are the general standards for the crime of indecent act by force (13 years or more)] under the basic field (6 months or more to 2 years), and there is no person who is a special sentencing [the sentence] [the decision of sentence] each of the crimes of this case is the crime committed against an unmarried female employee working for the same school by the defendant who is the father of his/her father of elementary school, who is the father of his/her father of elementary school.

The victim expressed his intention of refusal at the time of the first crime.

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