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(영문) 춘천지방법원강릉지원 2020.12.10 2020고단747
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 the owner of a cafeteria B and 1st floor, and the victim D (n, 60 years of age) is an employee of the said cafeteria from March 2017 to November 2019.

At around 12:00 on May 10, 2019, the Defendant: (a) cut her sled on the front line of a restaurant, and (b) led the victim to force the victim by force on seven occasions, such as the list of crimes in attached Table, from around November 1, 2019 to around November 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the Acts and subordinate statutes governing the investigation report on D's records of the statement of the police related to each of the search and seizure lists, including the investigation report on D's records of the statement of the police (Attachment of the victim D's voice recording file CD), CD investigation report on the CD storage (the voluntary submission of the victim's CCTV at the time of seizure and attaching related pictures), related photographs (on the spot at the time of seizure), recording records, recording records, digital evidence analysis results, replies, digital evidence analysis reports, etc. (Attachment to the location of indecent act in the suspect's vehicle and guidance materials in the location of indecent act in the suspect's vehicle), relevant photo investigation reports (Attachment to the CCTV image data in the Ccafeteria), investigation reports (Attachment to the Ccafeteria CCTV video data), CCTV video CD investigation reports (Ccafeteria video data reading and criminal crime CDs), video CDs, video CDs, and the leakage CCTV video data in the Ccafeteria, etc.

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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the crime of indecent act by compulsion in the judgment, which constitutes a sex offense subject to registration, under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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