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(영문) 부산지방법원 2017.02.16 2016고단7703
강제추행
Text

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

The defendant worked as a main subsidy to extract the Myeon from the Chinese restaurant located in Gangseo-gu Busan Metropolitan City, and the victim C (60,00) is an employee of the above restaurant, and the victim D (43,00) is an employee of the above restaurant and the victim D (43,00) operates the above restaurant with her husband.

1. Crimes against victims C;

A. On May 2016, the Defendant: (a) reported on the fact that the injured person was using food materials in the restaurant warehouse; and (b) committed an indecent act by force on the part of the injured person’s chest by using the victim’s own sparingly, and by using both hand, the Defendant committed an indecent act on the part of the injured person’s chest.

B. On May 2016, the Defendant: (a) committed an indecent act by force against the victim, following the victim, who had food materials at the above place; (b) kidly kids the victim’s chest part by using her own hand; and (c) committed an indecent act by force against the victim.

(c)

On May 2016, the Defendant saw the victim’s own scam from the back of the victim who had food materials at the same place, and committed an indecent act by force against the victim’s breast part by scam.

(d)

On June 2, 2016, at around 18:00, the Defendant: (a) committed an indecent act by force against the victim, following the victim, who was taking the place in the instant restaurant, kiscing the victim by using his/her own arms; (b) kis on the face; and (c) committed an indecent act against the victim.

2. Crimes against victims D;

A. On May 2016, the Defendant, after being aware of the number of food materials in the above warehouse, committed an indecent act by force against the victim, by using the victim’s behind the victim who was aware of the number of food materials.

B. On June 8, 2016, the Defendant: (a) had been aware of the number of food materials in the above warehouse around 16:00; (b) had been spared by the victim; and (c) had sparedly committed an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C, D, and E;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. Article 62(1) of the Criminal Act:

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