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(영문) 서울북부지방법원 2016.12.15 2016고단4250

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. From around 16:00 on September 24, 2016 to 16:20 on the same day, the Defendant obstructed the business operation of the victim’s restaurant by force by avoiding disturbance for about 20 minutes, i.e., the victim D (S. 42)’s “E” restaurant in Jung-gu Seoul Metropolitan Government, while drinking alcohol in a “E” restaurant, and without any justifiable reason, doing so to the customer F, who is on the table, “gyp hyp hyp hyp hyp hyp hyp,” while drinking alcohol. The Defendant obstructed the victim’s restaurant business operation by force by avoiding disturbance for about 20 minutes.

2. Around 16:15 on the same day, the Defendant publicly insultingd the victim by referring the victim’s H (the 47-year-old age) who was an inspector belonging to the Seoul Southern Police Station G District, who was dispatched after receiving a report from D at the same place as 16:15 on the same day, to the extent that the victim and the Defendant deemed D and the customer F, who was asked for the developments leading up to the case.

3. Indecent act by compulsion, the Defendant, at the same time and place as set forth in Paragraph 2, committed an indecent act by compulsion by force against the victim, who was solicited to return home from the victim I (the 22 years of age), a policeman belonging to the Seoul Southern Police Station G District, who was called the victim’s G District G District, to return home at the time and place as set forth in Paragraph 2, by Dac, called the victim’s “alle and thickness”, and by hand, the victim’s left shoulder, and knife knife knife knife k

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to report on investigation (to hear I telephone statements for reference);

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 314 (1) of the Criminal Act, Article 311 of the Criminal Act and the choice of imprisonment, respectively;

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

1. Order to complete a program;