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(영문) 춘천지방법원 강릉지원 2017.05.02 2017고단189
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person in the position D in C University Gangnam Campus, and the victim E (V, 23 years old) is a contracting employee at the place of contract, and the Defendant and the victim are in the relationship between the workplace and the subordinate staff.

1. On December 30, 2016, the Defendant forced indecent act: (a) took a drunk victim’s house in the new wall frightet; (b) entered Gelel 602 located in Gangnam-si F on the same day; (c) reported that the victim was under the influence of alcohol and forced the victim to commit an indecent act by making the victim’s body fit.

2. The Defendant detained the victim for about 20 minutes, at the above date, at the above place, and at the above time and place, the victim was pushed the Defendant, and the defect from the room to the outside, the victim’s cell phone was set away in front of the victim, and the victim’s arms were laid away from the cellular phone used by the victim, and the victim’s arms were laid to the inside and outside of the room, and prevented them from going out.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the report of internal investigation (Attachment to the detailed statement of processing the case reported in 112), the report of internal investigation (Gurnet CCTV photographs and moving pictures), and photographs;

1. Relevant Article 298 of the Criminal Act, Articles 298 and 276 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Application of the sentencing criteria;

(a) No. 1 crime (sex crime) [the scope of a recommendation] general standard and the crime of indecent conduct (subject to at least 13 years of age) is not subject to punishment (one month to one year of general indecent conduct) in the mitigation area (a person subject to special mitigation);

B. The mitigated area (one month to eight months) of the mitigated area (a person with a special mitigation) of Class 2 crimes (a person with a special mitigation) (a person with a view to recovering damage) is not subject to punishment (a person with a special mitigation).

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