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(영문) 대전지방법원 천안지원 2014.12.17 2014고합245
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to attachment order and the person subject to probation order (hereinafter referred to as the "defendant") had been well aware of the victim E (the family name, leisure, 18 years old), F (the family name, leisure, 19 years old) as a single customer while working for the "Ding practice room" located in the Gangnam-gu Seoul Metropolitan City as an employee.

1. 피해자 E에 대한 강제추행 피고인은 2014. 7. 20. 21:30경 위 노래연습장에서, 물을 마시기 위해 계산대 앞으로 나온 피해자에게, “목걸이에 씌어 있는 이름이 뭐냐.”고 물어 피해자가 목걸이를 보여주기 위해 피고인에게 다가가자 목걸이를 만지는 척 하면서 갑자기 피고인의 손을 피해자의 가슴 사이에 올려 이를 만지고, 곧바로 피해자의 귓불과 얼굴을 쓰다듬어 피해자를 강제로 추행하였다.

2. The Defendant, at around 21:40 on July 20, 2014, committed an indecent act by force against the victim F by: (a) the Defendant committed an indecent act by force against the victim by inserting his hand into the victim’s boom, by inserting his hand into the victim’s booms; (b) holding the victim’s booms and booms.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes to a report on the occurrence of a case, a report on the internal investigation (the details of the report and the visit to the site);

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment determined in the crime of indecent act by force against victims E with heavy circumstances);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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