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(영문) 서울동부지방법원 2016.02.05 2015고단3492
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 강제 추행 피고인은 2015. 7. 10. 17:53 경부터 18:01 경까지 서울 성동구 D 3 층에 있는 피해자 E( 여, 43세) 가 운영하는 ‘F’ 식당에서 피해자를 포함한 지인들과 술을 마시던 중 갑자기 피고인의 옆에 앉아 있는 피해자의 손을 잡아 쓰다듬은 뒤, 피해자의 손에 피고인의 입술을 가져 다 대고, 피해자의 손을 피고인의 뺨에 비볐다.

계속해서 피고인은 피해자의 어깨와 머리를 감 싸 안고 피해자의 귀에 피고인의 입술을 가져 다 댔다.

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

2. On July 10, 2015, at around 18:43, the Defendant received a demand from the principal victim and the employee of the said restaurant to make an uneasy for customers, such as: (a) he/she re-enters into the said restaurant and re-enters it into the kitchen and re-enters in front of the kitchen; and (b) drive away the said restaurant on the floor; and (c) drive away the said victim; and (d) he/she received a demand from the principal victim and the employee of the said restaurant to leave the restaurant.

However, the Defendant did not comply with this and continued to drive a cafeteria or drive a victim at a cafeteria, and the Defendant was not in the said cafeteria until G, which was around 18:50 on the same day, left the cafeteria.

In addition, even after the above G goes through the above restaurant, to the name of 5 to 6 customers, who will sit in the stairs between the second and third floors leading the Defendant to the above restaurant, and enter the restaurant, the name of 5 to 6 customers:

"," "I am unreshed", "I am unreshed," and "I am in the vicinity of the above restaurant even after G was returned, and am in around 21:35 on the same day, I am in the restaurant and find the victim, and have the victim return to the restaurant, such as the kitchen.

Accordingly, the defendant refused to comply with the victim's request for eviction without any justifiable reason, and interfered with the victim's restaurant business by force.

(i) the evidence;

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