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(영문) 의정부지방법원 고양지원 2018.06.14 2018고단714
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a school education instructor, and the victim B (the age of 19) is a part-time student employed by the defendant to prepare for the classes of a driving school.

On January 29, 2018, the Defendant: (a) arranged materials for private teaching institute lessons with the victim in the building C of the Dongdong-gu, Yongsan-gu, Busan Metropolitan City around 18:00, with the victim, in mind that the Defendant would commit an indecent act by reporting the victim’s body; (b) putting the victim’s arms with his/her arms, holding the victim in the bed; (c) divided the victim’s shoulder into both hands, setting the victim’s shoulder into the bed; and (d) placed the victim on the bed on the bed part of the half of the victim’s body; and (c) “When this situation occurs to a male, she will come out of the way to stop. If an adult male makes it difficult, she is missing.

"," and the body of the victim has continuously been sealed by both descendants, and the body was pushed down to the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of recommending] General Criteria for the Punishment of Indecent Acts by Forced (hereinafter “Indecent Acts by Forced 13 or more”) and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend [the scope of punishment] [the person subject to special mitigation] who is not subject to punishment [the sentence] [the person subject to special mitigation] under the following circumstances and the defendant's age, occupation, circumstances of the crime, means and means of the crime, results, the circumstances before and after the crime, relationship with the victim,

The Defendant, immediately after committing the crime, led to a confession and reflective attitude.

There is no record of criminal punishment except twice of a fine for dual species.

In agreement with the victim, the injured person does not want the punishment of the defendant.

The Defendant is exercising a strong tangible power above.

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