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Reasons
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(영문) 서울북부지방법원 2017.03.23 2016고단5269
강제추행
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On July 31, 2016, at around 14:47, Defendant A, while drinking alcohol with “D” restaurant located in Gangnam-gu Seoul Metropolitan Government, and drinking with “D” restaurant, Defendant A, an employee E (V, 46 years old) committed an indecent act by coercioning the victim by forcing the victim to use his/her son’s son’s son with the Defendant’s table.

2. Defendant B: (a) on the same date and at the same place as that of paragraph 1, the victim F (44 tax) who is the above restaurant is subject to A’s above indecent act; and (b) the victim raised “b” against the victim;

C. C. C. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. C. H. H. C. H. H. H. H. H. C. H. H. H. H. H. H. H. H. H. H. H.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and F;

1. An investigation report (to be attached to the submission of field CCTV images and to the closure of a crime scene);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of videos, etc. related to interference with business);

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Defendant B Article 298 of the Criminal Act (Selection of Penalty): Article 314 (1) of the Criminal Act (Selection of Penalty);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete a program: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendant A exempted from the disclosure order and notification order: In full view of all the circumstances such as the Defendant’s age, occupation, family environment, social ties, the risk of recidivism, and the benefits and preventive effects expected from the disclosure order and notification order of this case, and the disadvantages and side effects therefrom, the Defendant is required to be considered.

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