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(영문) 서울중앙지방법원 2014.12.05 2014고단5243
강제추행등
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On November 3, 2013, between 00:00 and 00:04, the Defendants’ co-offendered Defendants attached the victim F (the 60-year-old), the owner of the singing room, and the victim G (the 29-year-old-old-old-old employee), who is an employee of the said establishment, to the Esing room located in Jongno-gu Seoul Metropolitan Government, for fee payment issues.

The Defendants: (a) the victim G was able to see that the victim G was able to see that she did not have any contact with her and that it was impossible for the Defendant to pay the charge; (b) on the ground that she continued to demand the payment of the charge, the Defendants were able to see the victim F; (c) Defendant A followed the victim F who was faced with the Defendant’s her hand to the stude; and (d) Defendant B obstructed the victim F with the Defendant’s hand; and (c) Defendant B obstructed the victim F with the Defendant’s her hand.

Accordingly, the Defendants jointly assaulted victims.

2. On November 2, 2013, Defendant A: (a) discovered and attempted to commit an indecent act against the victim’s G that entered the studio No. 23:00 on Nov. 2, 2013; (b) opened the victim’s left hand with Defendant’s hand to sit back on one’s left hand; (c) opened the victim’s chest with Defendant’s left hand; (d) opened the victim’s chest; and (e) committed an indecent act by force by force the victim by putting the victim’s fingers into the part of the victim’s audience; and (e) putting the victim’s fingers into the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. Protocol of the police statement concerning G;

1. Application of the respective Acts and subordinate statutes of H and I

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Defendants: Determination of fines under Article 2(2) and (1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (the point of joint assault) Defendant A: Selection of fines under Article 298 of the Criminal Act (the point of indecent act by compulsion)

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

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

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