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(영문) 서울남부지방법원 2018.07.06 2018고단137
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal records] On December 22, 2016, the Defendant was sentenced to four months of imprisonment due to fraud and obstruction of business by the Seoul Southern District Court, and the said judgment became final and conclusive as the withdrawal of appeal on February 15, 2017, and completed the execution of sentence on March 1, 2017.

[Criminal facts] 2018 Highest 137

1. On September 25, 2017, around 05:57, the Defendant committed an indecent act on the part of the victim D (Woo, 17 years of age, and name) in Gangseo-gu Seoul Metropolitan Government, at the E convenience store where the victim D (Woo, 17 years of age, and name) works as a part-time art student, and at the E convenience store where he/she has an object installed therein.

"2018 Highest 290"

2. On December 28, 2017, at around 10:25, the Defendant obstructed the victim’s restaurant business at the “H” restaurant operated by the Gangseo-gu Seoul Metropolitan Government Party G, such as a mixed drinking water and a sea bed, booming the mix to the victim, and booming the table to the end. The Defendant interfered with the victim’s restaurant business for about 20 minutes, such as the victim who was in the accounting team, who was creamed while taking a bath.

3. On January 3, 2018, the Defendant: (a) around 01:52 on January 3, 2018, in front of the Gangseo-gu Seoul Metropolitan Government I Apartment Complex J, as if he did not have an intention or ability to calculate the taxi fare, and (b) was boarding a cab for business use in the Gangseo-gu Seoul Metropolitan Government Operation and did not return to I apartment, thereby acquiring the same amount of pecuniary benefits by failing to pay KRW 15,000, taxi fee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement G and K;

1. Previous convictions in judgment: Reporting the previous convictions and results of confirmation, and applying Acts and subordinate statutes reporting each investigation;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 347 (1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The punishment, etc. of sexual crimes committed against him/her;

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