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(영문) 광주지방법원 2016.05.18 2016고단742
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant worked as the head of the business support team at the D agency, and the victim E (n, 28 years old) served as the member of the same business support team at the above agency.

1. On September 30, 2015, the Defendant forced indecent act: (a) around September 30, 2015, between around 01:00 and around 02:00, between around September 30, 2015 and around the house of the said victim located in Gwangju North-gu; (b) on the ground that the said victim’s birth is the birth day of the said victim, and (c) frank the victim by drinking alcohol; and (d) frank the victim into the victim’s own house.

Accordingly, the defendant committed an indecent act against the victim.

2. On December 8, 2015, around December 8, 2015, the Defendant: (a) 02:44 around the victim’s house; (b) 02:02:44 around December 8, 2015; (c) aided the victim by drinking his/her employees and drinking alcohol; and (d) aided the victim; and (c) harming the victim, the victim was pushed the Defendant; and (d) on the contrary, the Defendant sent the victim a thickness to send him/her with kising kis.

The victim tried to kis, kis, and kisck, and the victim kisceded the Defendant’s kisck, and kisced the Defendant’s kisck at a low time.”

After that, the defendant tried to kis on the face of the victim, and the victim was aware of the face in order to avoid this, and continued to take the face into the right part of the victim, such as the victim's entrance, kis around the ch, and leaving the kis.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police investigation protocol concerning victims;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. An order to attend a course of sexual crime;

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