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(영문) 서울북부지방법원 2017.08.10 2017고단2355

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On May 2, 2017, at around 20:30 on May 2, 2017, the Defendant forced indecent act: (a) at the “E” restaurant operated by the victim D (Inn, 50 years of age) in Dongdaemun-gu Seoul, Dongdaemun-gu C and the first floor; (b) requested the victim to provide alcohol and alcohol to the victim; (c) on the ground that the victim could not be paid in advance; and (d) refused to do so, the Defendant saw the victim to walk up his/her vision, and followed the victim who moved out of the above restaurant, and subsequently used the victim’s left mack.

Accordingly, the Defendant committed indecent act against the victim by assault.

2. On May 2, 2017, the Defendant: (a) around 20:30, at the front of the “E” restaurant operated by the victim D (A, 50 years of age) of Dongdaemun-gu Seoul and the first floor, the Defendant: (b) opened the said restaurant and opened the said restaurant and opened it to the table of other customers who performed drinking; (c) opened the said restaurant, and took a bath with the large voice called “Irh, Irh, Irh, Irh, Irh, Irh, Irh, and the victim could not have the victim respond to the normal customer.”

Accordingly, the defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's age, occupation, family environment, and family environment);