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(영문) 부산지방법원 서부지원 2019.07.11 2018고단2768

강제추행등

Text

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

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

Reasons

Punishment of the crime

1. On December 3, 2018, at around 00:30, the Defendant obstructed the victim’s main business by force for about 15 minutes, such as 0:30, at the main point operated by the victim C in Busan Northern-gu, he saw the victim’s “Chewing years and the main nests,” with the large interest of “masting the victim,” and shouldering the beer’s disease on the floor.

2. 모욕 피고인은 2018. 12. 3. 00:50경 북구 B에 있는 C이 운영하는 주점에서 행패를 부리는 손님이 있다는 신고를 받고 출동한 부산북부경찰서 소속 피해자 D 경사에게 “짭새, 씹할 놈아, 법대로 해라, 개좆같은 소리하고 있네, 좆 빨아라 씹할놈아, 좆까는 소리 하지 마라.”라고 하는 등 위 주점 업주가 보고 있는 가운데 피해자를 공연히 모욕하였다.

3. At around 00:50 on December 3, 2018, the Defendant committed indecent act by compulsion by force against the victim D (the age 42) who listens to the statements of the reported facts against the main business owner at the main place located in North-gu B, North-gu, Seoul, by hand, at the victim’s own hand, and even though the victim said that the victim would not speak, the Defendant made a indecent act by force against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to each investigation report (as to recording and attaching voice files);

1. Relevant legal provisions concerning criminal facts, Article 314(1) of the Criminal Act that prescribes the choice of a punishment (Interference with business, choice of imprisonment), Article 311 of the Criminal Act, Article 298 of the Criminal Act;

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. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;