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(영문) 서울서부지방법원 2019.05.29 2018고단4136
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant is a massage with the Health Ma referred to in Yongsan-gu Seoul Metropolitan Government and subparagraph B and C (hereinafter referred to as “the instant Maowon”).

On June 8, 2018, at around 14:30, the Defendant: (a) brought the victim E (Taking 30 years of age) who was frighted to mash in the instant ground pressure source; (b) brought the victim into the victim’s fright to sit; and (c) laid the victim’s fright into the victim’s upper part on several occasions; and (d) fright the victim’s chest into the part of the victim’s fright; and (e) forced the victim to take the fright back to the part of the victim, thereby committing an indecent act against the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Partial description of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Police statements of E;

1. Letters and letters sent by the defendant to the victim;

1. Reports on internal investigation (field search, etc.);

1. Each investigation report (the result of the victim's search subject, registered mail received from the suspect, the internal photograph of the "D," the suspect's telephone, the victim's telephone statement, the victim's report on the opening of the massage, the certificate of report on establishment of the massage, the confirmation

1. Preparation of and reporting on a record (including a record of the investigation of telephone conversations by a witness F, a record of the investigation of telephone conversations by a witness F, and a record of the investigation of telephone conversations by a witness G);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Determination as to the assertion of the Defendant and the defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018)

1. The defendant and his defense counsel are merely engaged in normal pressure acts against the victim, and they do not constitute indecent act by compulsion as stated in the facts constituting a crime in the judgment.

2. Determination

A. The relevant legal doctrine is the victim, etc. supporting the facts charged.

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