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(영문) 서울북부지방법원 2015.11.26 2015고단2507
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant was a resident of Seongbuk-gu Seoul apartment in Seongbuk-gu Seoul, and the victim D (55 years of age) who caused the above apartment management was not in charge of apartment management affairs.

1. Interference with business;

가. 피고인은 2015. 2. 11. 09:00경 위 아파트 관리사무소 안에서, 아파트 관리소장에게 피해자를 지목하며 "야이 자식 쟤 왜 안 잘라"라고 말하고, 피해자에게 "쥐새끼만하고 시설 관리 자격증도 없는 놈이 왜 붙어있냐, 소장하고 어떤 사이 길래 계속 일을 하는 것이냐"라고 욕설을 하는 등 소란을 피워 피해자의 아파트 관리업무 인수인계 및 업무보고 등을 하지 못하도록 함으로써 위력으로 피해자의 아파트 관리 업무를 방해하였다.

B. On March 15, 2015, at around 08:01, the Defendant interfered with the duty of telephone counseling to the management office of the victim by force, by force, by letting the victim take a barr to get a telephone from his office and making telephone conversations with the victim, and preventing the victim from receiving a telephone remaining 58 minutes of time.

2. Indecent acts by compulsion;

A. On March 13, 2015, the Defendant, at around 13:20 on March 13, 2015, committed an indecent act by force against the victim by turning the victim’s rewing with his own hand before the entrance of the said apartment management office.

B. At around 22:20 on the same day, the Defendant, at the vicinity of the entrance of the above apartment guard room, committed an indecent act by force against the victim by putting the victim’s gate on his own hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of each indecent act, the choice of imprisonment with prison labor) and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment with prison labor);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows.

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