(영문) 수원지방법원 평택지원 2017.06.29 2016고단1873

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 평택지원 2017.06.29 2016고단1873

강제추행

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who works in Criart D as an intern employee, and is a workplace club relationship with the victim E (24 years).

From January 6, 2016 to around 16:00 to around 16:00, the Defendant had the victim’s sexual organ by advertising the said victim, who was under drinking in Pyeongtaek-gun F, in the first room D with the first basement D located underground, with the intent to report an indecent act on the victim’s sexual organ, and putting the victim’s hand into the victim’s panty, and putting the victim’s sexual organ.

On the other hand, the Defendant continued to conduct this as if he did not commit an indecent act against the victim on the part of the victim at the victim toilet, and took the victim into three rooms at the above D accommodation, put the victim on his bed, and take the victim on his bed, and put the victim on the part of the victim's bed his panty, thereby committing an indecent act against the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police with respect to E and G;

1. A written statement of E and G;

1. The accused and the letters and photographs sent by the accused (based on evidence) are stating the victim's very specific damage facts and the situation before and after the victim.

It seems that there is no possibility that the victim was misunderstanding of the victim's behavior that the defendant tried to have a misunderstanding, and there is no motive for the victim to make a false misunderstanding.

At the time of committing the crime, the victim complained of and assisted the same person, and the defendant, immediately after committing the crime, sent a text message to the effect that the victim partially recognizes the crime and seeks the letter.

In full view of the above evidence, the facts charged can be found guilty.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to the Defendant’s indecent act, even though the victim had escaped.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제298조

유사 판례

-수원지방법원 2017.10.12 2017노4800

-울산지방법원 2016.02.04 2015고단2369

-전주지방법원 남원지원 2013.12.26 2013고합24

-청주지방법원 2018.10.26 2018고합148

-수원지방법원 2018.11.29 2018고합365