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(영문) 부산지방법원 동부지원 2019.03.20 2018고단2148
강제추행등
Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 1:28 July 28, 2018, the Defendants jointly committed a crime: (a) at the “E” singing shop operated by the victim D (the 52 years of age) in Suwon-gu, Busan; (b) Defendant A expressed the said main points that there are no many customers to sit; and (c) Defendant A expressed the said main points “Chewing, sprinking” to the customers in the said place, “Chewing, fluoring,” “Peme” to the customers in the said place; (d) take the bath to the “Chewing, fluoring,” “Chewing,” to the customers who guide an empty place, and (e) take a bath to the victim “Chewing,” and Defendant B expressed the victim “hinging,” and she took a bath to the victim as “hinging,” and she took a bath to the customers who had been at the place of smoking for about 30 minutes of disturbance, such as talking sound.

As a result, the Defendants conspired to interfere with the victim's main operation by force.

2. While Defendant A was working in the same time and place as in the preceding paragraph at the time and place as in the preceding paragraph, the Defendant heard from the Victim F (F, 64 years of age), who is an employee of the said main shop, the phrase “I am hye, sye, sye, as soon as possible.” However, Defendant A am hye both of the victims by both hand for a period of time when she fryed the chest of the victim.

In addition, there was an indecent act by force on the part of the victim, stating that “I am good” was “I am good.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol to D and F

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 314(1) and 30(a) of the Criminal Act, Article 298 of the Criminal Act, and the choice of each fine

B. Defendant B: Articles 314(1) and 30 of the Criminal Act; Selection of fines

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

1. Punishment defendant B to be suspended of sentence: Fines of 1,000,000 won;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendant A’s order to complete a program: Article 16(2)1.

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