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(영문) 인천지방법원 2020.08.20 2019고정2441
퇴거불응등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of assault, etc. in the Vice-Support of Incheon District Court, and the said judgment became final and conclusive on October 5, 2019.

【Criminal Facts】

1. On April 28, 2019, at around 03:30 on April 28, 2019, the Defendant, despite being asked to the effect that his/her business was terminated in the “Ding Kinginginging machine” operated by the victim C (a name), which was located in Seo-gu Incheon, Seo-gu, Incheon, for a period of about 30 minutes, he/she did not go to the said Kinging machine without any reason under the influence of alcohol.

Accordingly, the defendant did not comply with the demand of the victim to leave without justifiable reasons.

2. While the Defendant did not comply with the victim’s demand to leave at the time and place set forth in paragraph (1), the Defendant: (a) “The victim does not receive money” from the victim, who was under the proposal, laid down the victim’s shoulder by hand; and (b) caused the victim’s chest by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. C’s legal statement;

1. A report on investigation into the police statement made to C (On-siteCCTV verification);

1. Previous records: Criminal records, results of inquiries, and the application of Acts and subordinate statutes to reference materials submitted by a prosecutor on July 15, 2020 (one copy of the judgment of branch court in the Incheon District Court);

1. Relevant Article 319(2) and (1) of the Criminal Act, Article 319(2) of the Criminal Act, Article 298 of the Criminal Act, Article 37 of the Criminal Act, the latter part of Article 37, and Article 39(1) of the Criminal Act, concerning concurrent crimes by which respective fines are imposed;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The accused of the assertion shall leave the victim at the end of vagabonds.

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