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(영문) 서울북부지방법원 2016.09.22 2016고단2589

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who runs his own business, and the victim B (the age of 52) is a person who runs his own business.

1. 강제 추행 피고인은 2016. 5. 17. 23:20 경 서울 동대문구 D 지하에 있는 ‘C 노래방 ’에서 업주인 피해자 B에게 도우미를 불러 주지 않는다는 이유로 오른쪽 손바닥으로 피해자 B의 음부를 아래에서 위쪽으로 툭 치는 방법으로 1회 만지고, 계속해서 오른쪽 손바닥으로 피해자 B의 왼쪽 어깨와 팔 부위를 쓸어내리는 방법으로 피해자를 강제로 추행하였다.

2. The Defendant interfered with the business of the victim B by force over about 30 minutes, such as forcing a customer to visit a singing room on the same date and at the same place as above, and obstructing the customer’s talking, and interfering with the customer’s singing, by force, such as interfering with the customer’s singing a singing room.

3. On May 17, 2016, the Defendant interfered with the performance of official duties, at the same place, and received 112 reports, and obstructed the police officer’s legitimate performance of official duties for reporting 112, including, but not limited to, the following: (a) the first floor of the police officer F (42 tax) belonging to the Dongdaemun-gu Seoul East Police Station E District; and (b) the first floor; and (c) the first floor of the Defendant’s front right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right; and (d) the Defendant

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B and F;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 136 (1) of the Criminal Act (the point of interference with the performance of public duties), and the choice of imprisonment for each type;

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 62 (1) of the Criminal Act on the suspended execution;

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

1. Exemption from an order of disclosure and notification;