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(영문) 대전지방법원 2017.11.30 2017고합290
강제추행
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a victim E (a name, 32 years of age) and a workplace partner who is a cafeteria in the south-gu Seoul Metropolitan Government.

1. At around 13:00 on November 18, 2016, the Defendant was seated and heard preventive education of sexual harassment in the victim’s side in a restaurant within the above D premises.

‘I am rhym of the victim’s left mar with the victim’s own kym.

2. At around 13:00 on December 20, 2016, the Defendant rhymd the victim’s left side mar with a boomed hand while booming at the victim’s side in a restaurant within the above D premises.

3. At around 13:00 on February 17, 2017, the Defendant mardd the victim’s left mar with a sudden mar in the victim’s front mar in a restaurant within the above D premises.

4. At around 10:40 on March 7, 2017, the Defendant: (a) removed dust from the victim’s horse at the victim’s end; and (b) sealed the part of the victim’s mack on several occasions.

Accordingly, the defendant committed an indecent act on the part of the victim four times in total.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police statements made to E and F;

1. Complaint;

1. Investigative reports (Submission of victim's sound recording files and text records), CD 1 CDs, and output of text files;

1. A criminal report, a CD;

1. A criminal investigation report (4. 10. Submission of Victim Record Files and Letters), CDs;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed by force on November 18, 2016, with the largest penalty);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32(1) and (2), and Article 25 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc., of Application for Compensation Order.

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