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(영문) 서울서부지방법원 2020.05.13 2020고단462
강제추행
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the president of the Education-Related Art. B "B", and the victim C is the employee of the above company.

On December 11, 2019, at the E University Industry-Academic Cooperation Foundation 305 office located in Incheon, the Defendant committed an indecent act against the victim by force by force, i.e., having the victim unfolded her eye on the part of the victim while she was under the influence of her eye with his/her hands, and her kisk kisk kis and kisk ksksk ksks ksks ksks ksksksks, and rhhsksk ksksksksk in the part of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Investigation reports (fields, etc.);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. After the instant case was prosecuted for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the victim received damages from the Defendant and expressed his/her intention not to be punished against the Defendant.

In the event an indecent act, such as the instant crime, occurs between the fiduciary relationship and the business trust relationship, the actual suffering caused by the victim is much larger than the common case.

The same applies to the victims, and the victims do not proceed to commit any more indecent act in the instant base, which results in the agreement with the Defendant.

The punishment shall be determined in consideration of the defendant's age, character and conduct, environment, motive and consequence leading to the crime, etc.

A sex offender subject to registration shall be subject to registration and submission of personal information.

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