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(영문) 의정부지방법원 2015.02.16 2014고단2112
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the chief secretary of C, and the victim D (n, 33 years of age) is the staff of the skin management office of E located next to the above C Council member.

1. 피고인은 2013. 11. 초순경 서울 강북구 F 2층에 있는 "E" 피부관리실 카운터 데스크 앞에서 피해자에게 "살이 쪘네, 안쪘네"라는 등의 말을 하면서 양손으로 피해자의 허리와 등 부위를 만지고, 계속하여 손으로 피해자의 옆구리를 만지며 "여기는 별로 안쪘네"라며 피해자의 옷 안으로 손을 넣고 허리와 등을 만지는 등 피해자를 강제로 추행하였다.

2. From December 11, 2013 to December 12, 2013, the Defendant found the victim who was seated in the skin management room like paragraph (1) from around December 11, 2013 to around December 12, 2013, and committed an indecent act by force against the victim, such as by inserting the victim’s hand into the left part of the victim’s hand, where the victim was seated, and drinking back with the victim, etc.

3. On December 17, 2013, the Defendant discovered the victim who was fast front of the toilets adjacent to the toilets of the skin management room, such as Paragraph (1), around 17, 2013, and committed an indecent act by force against the victim by taking care of the victim’s chest from the rear hand to the victim, etc.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Report on internal investigation (a case involving investigation by employees G) [a case involving the defendant and his/her defense counsel may sufficiently recognize the defendant's indecent act in light of the victim's investigative agency and consistent statement in substitution for the victim's investigative agency and this court, the relationship between the victim and the defendant, etc.]; the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act and the choice of imprisonment;

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

1. The first type of crime on the grounds of sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (the scope of recommendations).

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