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(영문) 서울중앙지방법원 2017.02.24 2016고단8556
강제추행등
Text

A defendant shall be punished by imprisonment for six months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 2, 2016, the Defendant was forced to commit an indecent act: (a) discovered the victim E (a) waiting to receive the order coffee from the first floor of the building in Jung-gu Seoul, Jung-gu, Seoul (around November 2, 2016, 20:23; (b) followed by the victim; and (c) led the victim to the victim’s left hand.

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

2. On November 22, 2016, the Defendant used alcohol in “G” located on the 1st floor of the Seocho-gu Seoul Metropolitan Government F Building on November 22, 2016, and assaulted the victim’s right by hand at one time at the victim H (35 years old), who is an employee of the above restaurant, to sit in the tables where other customers are seated.

3. The Defendant violated the Punishment of Minor Offenses Act on the same day on the wall side of an elevator in front of a restaurant located at the place specified in paragraph (1) around 21:15.

In this respect, the defendant saw without permission at a place where many people frequent.

4. The Defendant, at the time, and at the places specified in paragraphs 1 and 2, took a 112 report that a under the influence of alcohol male scambling, and took a scambling to J, who was requested to present his identification card from the AssistantJ affiliated with the Seocho-gu Seoul Police Station I police station, Seocho-gu, Seoul, who was called “scambling scambling scam,” and assaulted the J at his hand at once and once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name), H and J;

1. Application of the Acts and subordinate statutes to photographs and photographs by capturing each CCTV image;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 260 (1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 3 (1) 12 (the choice of punishment) of the Punishment of Minor Offenses Act (the choice of punishment) concerning the crime;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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