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(영문) 광주지방법원 2015.03.04 2014고단2518

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. 성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행) 피고인은 2014. 5. 20. 19:50경 광주 북구 풍향동 광주교육대학교 앞에서부터 같은 구 운암동 경신여고 앞까지 운행하는 순환 1번 C 시내버스 안에서, 피해자 D(여, 30세)의 뒤에 서서 피고인의 성기 부분을 피해자의 엉덩이에 대고 비비고, 계속하여 이를 피하는 피해자를 따라가면서 계속하여 피해자의 엉덩이에 피고인의 성기 부분을 대고 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the city bus, which is the place of public smuggling.

2. On June 28, 2014, from around 15:00 to 15:25, the Defendant interfered with his duties: (a) from the G restaurant operated by the victim F of the victim F in Gwangju Dong-gu, Gwangju-gu; (b) from the perspective of alcohol to the above restaurant; (c) however, “I would not drink” from the victim; (d) I heard the horses, and talked with the victim, and interfered with the victim’s operation of the restaurant by “I would not drink, drink, or funeral,” and neglecting the victim’s operation of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of investigation reports (related Acts and subordinate statutes to the confirmation of a suspect who has been confirmed as CCTV installed inside a bus);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Facts and Article 314 (1) of the Criminal Act (a point of interference with business);

1. Imprisonment with prison labor for choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49(1)2 and (3), the main sentence of Article 50(1)2 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.