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(영문) 서울중앙지방법원 2016.03.31 2016고단67
강제추행등
Text

[Defendant A]

1. The defendant shall be punished by imprisonment for six months;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 12, 2015, Defendant A’s forced indecent act committed an indecent act by force against the victim by committing an indecent act on the part of the victim H, who was a customer, at one room in the 5th floor of “G” in Seoul FF building, around July 12, 2015, when the victim’s chest was at the top of the 1st room in the 5th floor of “G”, a customer, at around 32 years old.

2. No one, other than a massage club recognized as qualified for massage for the Defendants’ violation of the Medical Service Act, may open a place of massage practice.

In collusion, the Defendants did not obtain recognition of qualification as a massage, and, from around September 2014 to July 12, 2015, performed massage in the place of massage treatment with approximately KRW 198 square meters, including taking charge of the hair, face, launching, etc. of customers at the place of massage treatment with approximately KRW 198 square meters, and opened a massage treatment place with charge of KRW 54,00,000 per customer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. A written statement of I;

1. Business registration certificate and the application of statutes on control [Defendant A]

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 87(1)2, Article 82(3), and Article 33(2)1 of the Medical Service Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, each of the choice of imprisonment with labor;

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes / [Defendant B]

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the scope of the recommended punishment in the sentencing guidelines] Defendant A - the general criteria for the crime of indecent act by force (subject to 13 or more years of age) is the basic area (6 or 2 years of age).

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