(영문) 서울북부지방법원 2017.08.10 2016고단5957

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(영문) 서울북부지방법원 2017.08.10 2016고단5957

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 1, 2016, the Defendant forced indecent act: (a) around 21:30, at the “E” singing room operated by the victim D (n, 38 years of age) located in the heading room operated by the Defendant in Seoul Special Metropolitan City, Nowon-gu; and (b) the victim stated that “the number is divided to allow the victim to sing.” while the victim entered his singing with the victim, the Defendant placed both fingers in a space between the victim and the victim, and turned on both chests while the victim entered his singing with the same, and then the victim remains at the time.

The defendant's hand was removed from the defendant's hand, and he was forced to commit an indecent act by force by turning the victim's chest part on the victim's chest by one hand.

2. The Defendant, at the same time, and at the same place as Paragraph 1, paid KRW 50,00 to the Defendant and did so, the Defendant refused to pay KRW 50,00 and did not receive KRW 50,00 as Paragraph 1.

For this reason, the victim expressed a great voice to the victim, and did not request the victim to leave the disturbance, but continued to let the customer out of the singing room, and prevented the victim from entering the singing room, thereby obstructing the victim from entering the singing room by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. The credibility of each statement in the victim's court and investigative agency shall be recognized in light of the defendant's act, content of damage, the fear and response of the victim, the circumstances before and after the crime, the falsity of the statement does not seem to be contradictory, the dialogue between the defendant and the victim and the victim's statement in the record, the degree of the victim's attitude of statement in this court, etc.

According to each evidence of the judgment, the defendant committed an indecent act by force against the victim.

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