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(영문) 서울중앙지방법원 2013.04.03 2012고단7208
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and two years and six months of suspension of execution, and the judgment became final and conclusive on November 30, 2012.

2. Criminal facts;

A. On September 23, 2012, the Defendant committed indecent act by compulsion: (a) around 01:45 on September 23, 2012, the Defendant committed an indecent act by compulsion on the part of the victim D (V, 52 years of age) who is an employee of a restaurant by drinking alcohol while drinking alcohol; (b) d (52 years of age); (c) fluencing the disturbance; and (d) fluencing the victim’s chest on 2-3 occasions with left hand; and (c) committed an indecent act by compulsion against the victim

B. On October 6, 2012, at around 10:19, the Defendant obstructed the victim’s restaurant business by force, such as: (a) taking the victim’s “G” operated by the Victim F, which was operated by the Plaintiff F, Gangwon-do Standing Group E; (b) taking the victim’s bath; (c) taking the victim’s drinking; and (d) taking the Plaintiff’s drinking at the time of refusal; (b) taking the bath to “hys, cys, and reporting damage”; and (c) taking three soldiers out of the entrance, and preventing customers from entering the restaurant, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, H, and F;

1. A complaint;

1. On-site photographs;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant legal provisions concerning facts constituting a crime: Interference with business under Article 298 of the Criminal Act: Article 314 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 62-2 of the Criminal Act is finalized, the defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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