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(영문) 부산지방법원 동부지원 2019.06.26 2019고단615

강제추행등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a “Cstrus” from the Busan Suwon-gu B and the sixth floor.

1. On October 22, 2018, the Defendant: (a) committed indecent act by compulsion against the victim D by compulsion of indecent act against the victim D, who had drinking alcohol in a ward for the public use of the said string house (at around 22:50, 25 years old); (b) “I dypine, dypine, and dypine,” and (c) “I dypine, dypine, dypine, and hypump, of the victim’s hyp, by force.”

2. The Defendant’s indecent act by compulsion against the victim E by compulsion committed an indecent act by compulsion on the part of the victim E (the 25-year old-age-older) who had drinking together with the aforementioned D at the time and place specified in paragraph (1). The Defendant said that “the same beer” was “the same beer,” and the Defendant committed an indecent act by force on the part of the victim’s left side by his own hand.

3. On October 12, 2018, the Defendant attempted to enter the said guest room’s entrance door and electronic locking device, which the victim was aware of in advance, at around 23:00, when she was forced to enter the said guest room F, and attempted to intrude into the said guest room possessed by the victims. However, the victims failed to open the guest room door at the wind of locking the locking device.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to field photographs, 112 reported case handling lists, investigation reports (related to telephone conversations of a victim D), investigation reports (employee G counterpart investigation) and investigation reports (report on hearing statements of a witness);

1. Relevant Articles 298 and 298 of the Criminal Act, Articles 322 and 319 (1) of the Criminal Act and the choice of punishment on the crime, the choice of punishment by imprisonment;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, Order to Attend Education or Order to provide community service;